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MILLER v. STATE

No. 10-10-00071-CR.

343 S.W.3d 499 (2011)

Kevin MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled May 31, 2011.

Attorney(s) appearing for the Case

Stan Schwieger , Waco, for Appellant.

Christopher E. Martin , County Atty. for Freestone County, N. Chad Morgan , Special Prosecutor, Jackson Morgan LLP, Fairfield, for Appellee.

Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.

OPINION

TOM GRAY, Chief Justice.

Kevin Miller was convicted of the offense of criminal mischief, a state jail felony. TEX. PENAL CODE ANN. § 28.03(a)(1), (b)(4) (West Pamp. 2010). Miller was sentenced to two years in a state jail facility. The sentence was suspended, and Miller was placed on community supervision for two years. Although the evidence is legally sufficient to support the element of "cost of repair," the trial court abused its discretion...

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