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Carriere V. State

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eBook details

  • Title: Carriere V. State
  • Author : Texas Court of Appeals
  • Release Date : January 15, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

We withdraw our opinion and judgment of August 1, 2002, and issue this opinion and judgments in their stead. A jury found appellant, Byron Keith Carriere, guilty of the felony offenses of retaliation *fn2 and theft. *fn3 After finding two enhancement paragraphs alleging two prior felony convictions to be true, the jury assessed punishment at 45-years imprisonment for retaliation and 20-years imprisonment for theft. In five points of error, appellant contends: (1) the evidence was legally insufficient to support his retaliation conviction; (2) the evidence was factually insufficient to support his retaliation conviction; (3) the evidence was factually insufficient to support a finding of true to the second enhancement allegation; (4) the trial court erred by defining "reasonable doubt" in the jury charge; and (5) the trial court deprived appellant of equal protection of the law when it allowed the State to use his previous felony conviction for burglary of a motor vehicle as an enhancement allegation. We affirm.


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