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CLINTON v. STATE

No. 06-10-00090-CR.

327 S.W.3d 366 (2010)

Katherine CLINTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Tim Cone , Gilmer, for appellant.

Billy W. Byrd , Dist. Atty., Christie M. Martin , Asst. Dist. Atty., Gilmer, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

Katherine Clinton admits that she attempted to purchase cigarettes with the debit card of another person. Her resulting conviction for credit or debit card abuse was based on an indictment charging that Clinton "used" the debit card but omitting any allegation that she "presented" the card. Clinton's appeal of her conviction centers on that wording of the indictment. Clinton...

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