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SMART v. STATE

No. 09-04-134-CR.

153 S.W.3d 118 (2004)

Billy Don SMART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Delivered December 22, 2004.

Attorney(s) appearing for the Case

Dexter M. Patterson, The Woodlands, for appellant.

Michael A. McDougal, Dist. Atty., Joel Daniels, R. Barry Rienstra, Michael C. Young, Asst. Dist. Attys, Conroe, for state.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

DAVID GAULTNEY, Justice.

Billy Don Smart was charged with criminal mischief, a Class A misdemeanor, and he pleaded not guilty. The jury convicted Smart of the lesser included offense of Class B misdemeanor criminal mischief. Smart elected to have the trial court assess his punishment. The trial court fined Smart $2000, sentenced him to one hundred eighty days in the Montgomery County jail, and charged him with court costs of $240.25. The fine and...

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