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McCELVEY v. STATE

No. 03-02-00649-CR.

143 S.W.3d 522 (2004)

James Rex McCELVEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 30, 2004.

Attorney(s) appearing for the Case

Terrence W. Kirk, Law Office of Terrence W. Kirk, Austin, for Appellant.

Jade M. Meeker, Asst. Dist. Atty., Austin, for Appellee.

Before Chief Justice LAW, Justices PURYEAR and ONION.

OPINION

JOHN F. ONION, JR., Justice (Retired).

Appellant James Rex McCelvey, an operator of a retail public utility that possessed a certificate of convenience and necessity, appeals his third-degree felony conviction under the Texas Water Code, for willfully and knowingly failing to render continuous and adequate service on or about March 19, 1997, within the utility's certified area. The indictment alleged that the water supplied exceeded the maximum...

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