NGO v. STATE

No. 11-03-00207-CR.

129 S.W.3d 198 (2004)

Thanh Cuong NGO, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

February 19, 2004.


Attorney(s) appearing for the Case

Peter Adams, Houston, Elizabeth L. DeRieux, Elizabeth L. Derieux, P.C., Longview, for appellant.

Charles Rosenthal, Jr., District Attorney, Donald W. Rogers, Assistant Houston, for appellee.

Panel consists of: W.G. ARNOT, III, C.J., and WRIGHT, J., and McCALL, J.


Opinion

W.G. ARNOT, III, Chief Justice.

The jury convicted Thanh Cuong Ngo of the offense of credit card abuse and assessed his punishment at confinement in a state jail facility for 2 years and a fine of $3,500. We reverse and remand.

In his sole issue on appeal, appellant asserts that his right to a unanimous verdict was violated by the disjunctive submission in the jury charge of two or more separate offenses. We agree.

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