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STOKES v. STATE

No. 14-04-00518-CR.

298 S.W.3d 428 (2009)

Forrest Lee STOKES, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

October 8, 2009.

Attorney(s) appearing for the Case

Shawna L. Reagin, Houston, TX, for Appellants.

Eric Kugler, Houston, TX, for State.

Panel consists of Justices FROST, SEYMORE, and Senior Justice HUDSON.

OPINION ON REMAND

KEM THOMPSON FROST, Justice.

A jury convicted appellant Forrest Lee Stokes of felony theft of merchandise from a retail store. After finding two enhancement paragraphs to be true, the jury assessed punishment at fifteen years' confinement. Appellant filed a motion for new trial and requested a hearing. The trial court did not hold a hearing, and the motion was overruled by operation of law.

PROCEDURAL BACKGROUND

On original...

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