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MARSHALL v. STATE

No. 01-08-00734-CR.

312 S.W.3d 741 (2009)

Umekki MARSHALL, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused April 28, 2010.

Attorney(s) appearing for the Case

Windi Akins Pasotrini, Winston E. Cochran Jr., Houston, TX, for Appellant.

David C. Newell, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HIGLEY, and SHARP.

OPINION

JIM SHARP, Justice.

Appellant, Umekki Marshall, was charged by indictment with a single count of theft under $1,500, elevated to a state jail felony by two earlier theft convictions, and then enhanced to third-degree-felony punishment by two prior state jail felony convictions.1 After a jury trial, appellant was convicted of state jail felony theft. During the punishment phase of the trial, the jury found the enhancement...

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