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DAUGHERTY v. STATE

No. 01-07-00292-CR.

260 S.W.3d 161 (2008)

Ricky Allen DAUGHERTY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

June 5, 2008.

Attorney(s) appearing for the Case

Layton W. Duer, Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney-Harris County, Bridget Holloway, Assistant District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, HANKS, and HIGLEY.

OPINION

SAM NUCHIA, Justice.

Appellant Ricky Allen Daugherty was convicted by a jury of theft, a third degree felony because (1) the stolen property was valued at $1,500 or more, but less than $20,000, and (2) the owner of the property was elderly. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4), (f) (Vernon Supp.2007). Appellant pleaded true to two enhancement paragraphs that he had two previous felony theft convictions, and the jury assessed punishment...

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