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HIGGINBOTHAM v. STATE

No. 06-11-00094-CR.

356 S.W.3d 584 (2011)

Billy R. HIGGINBOTHAM, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided: December 14, 2011.

Rehearing Overruled January 4, 2012.

Attorney(s) appearing for the Case

James P. Finstrom , Jefferson, for appellant.

William Gleason , Marion County & Dist. Atty., Jefferson, for appellee.

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

OPINION

Opinion by Justice MOSELEY.

In a case arising out of the construction of a log home by Billy R. Higginbotham, Jr., for Joe Huff and his wife, Higginbotham was convicted by a jury of theft of over $1,500.00 but less than $20,000.00 and is now appealing that conviction. See TEX. PENAL CODE ANN. § 31.03 (West Supp. 2011). Under Higginbotham's contract, he was to construct the log home on the Huffs' property for $228,919.00. Under the payment...

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