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STATE v. HART

Nos. 14-09-00658-CR, 14-09-00659-CR.

342 S.W.3d 659 (2011)

The STATE of Texas, Appellant, v. Jerry M. HART, Appellee. The State of Texas, Appellant, v. Wynonne T. Hart, Appellee.

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

Rehearing Overruled July 14, 2011.

Attorney(s) appearing for the Case

Zachary B. Fertita , Houston, for Appellant in No. 14-09-00658-CR.

Ali R. Fazel , Houston, for Appellant in No. 14-09-00659-CR.

Dan McCrory , Houston, for Appellee.

Panel consists of Justices ANDERSON, BOYCE, and BROWN.

OPINION

JEFFREY V. BROWN, Justice.

This is a State's appeal from an order granting a joint motion for new trial filed by a husband and wife who had pleaded guilty to misapplication of fiduciary property and been sentenced. The trial court found various grounds in the motion for new trial to be meritorious, including some grounds affecting the finding of guilt and some grounds affecting only the assessment of punishment. We conclude that the trial court abused...

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