OPINION
Opinion by Justice Contreras.
Appellee Miguel Martinez, the former police chief of Sullivan City, Texas, was indicted by a Hidalgo County grand jury on one count of theft (Count I) and two counts of abuse of official capacity (Counts II and III). See TEX. PENAL CODE ANN. §§ 31.03, 39.02 (West, Westlaw through 2017...
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