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LOPEZ v. STATE

No. 11-08-00133-CR.

316 S.W.3d 669 (2010)

Thomas Jacinto LOPEZ, III, Appellant v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled May 13, 2010.

Attorney(s) appearing for the Case

J.K. (Rusty) Wall, West Texas Region Public Defender for Capital Cases, Midland, for appellant.

Teresa J. Clingman, Dist. Atty., Carolyn D. Thurmond, Erik Kalenak, Asst. Dist. Attys., Midland, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

The jury convicted Thomas Jacinto Lopez, III of theft over $100,000 but less than $200,000. Based on the trial court's finding of "true" on a prior felony conviction alleged for enhancement purposes, the trial court sentenced appellant to confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of forty-five years. The trial court also ordered appellant to pay restitution of $108,344...

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