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SCHMIDT v. STATE

No. PD-0076-08.

278 S.W.3d 353 (2009)

Antonio SCHMIDT, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 11, 2009.

Attorney(s) appearing for the Case

Peter I. Clarke, Plainview, for Appellant.

Lisa C. McMinn, Assistant State's Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

HERVEY, J., delivered the opinion for a unanimous Court.

A jury convicted appellant of retaliation by threat (a third-degree felony) and sentenced him to seven years' confinement and a $7,000 fine. The indictment alleged that appellant threatened to harm the victim "by an unlawful act, to-wit: striking" the victim in retaliation for or on account of her services as a prospective witness.

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