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ROBERTS v. STATE

No. 04-07-00616-CR.

278 S.W.3d 778 (2008)

Ted H. ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled December 5, 2008.

Attorney(s) appearing for the Case

Leslie Werner de Soliz, Soliz Law Group, Victoria, TX, for Appellant.

Enrico B. Valdez, Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by: ALMA L. LÓPEZ, Chief Justice.

A jury found Ted H. Roberts guilty of three counts of theft, and the trial court assessed a punishment of five years imprisonment. Roberts presents five issues on appeal contending: (1) the trial court erred in denying his motion for new trial because his conduct was lawful; (2) section 31.03 of the Texas Penal Code is unconstitutionally vague and overbroad as applied; (3) the evidence supported his...

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