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PELACHE v. STATE

No. 13-08-00463-CR.

294 S.W.3d 248 (2009)

Eric Simon PELACHE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled August 13, 2009.

Discretionary Review Granted October 28, 2009.

Attorney(s) appearing for the Case

E. Dale Robertson, Brownsville, for appellant.

Armando R. Villalobos, Dist. Atty., Rene B. Gonzalez, Asst. Dist. Atty., Brownsville, for The State.

Before Chief Justice VALDEZ and Justices GARZA and VELA.

OPINION

Opinion by Chief Justice VALDEZ.

Appellant, Eric Simon Pelache, was indicted for the offense of robbery with one enhancement paragraph, a second-degree felony. See TEX. PENAL CODE ANN. § 12.42(b) (Vernon Supp. 2008), 29.02 (Vernon 2003). Pelache elected to have a bifurcated trial. A jury acquitted Pelache of the robbery charge, but found him guilty of the lesser-included offense of theft of a person, a state-jail felony. See id.

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