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459 S.W.2d 446

Adair v. State

Court of Criminal Appeals of Texas

Decided November 10, 1970

Court of Criminal Appeals of Texas · decided 1970-11-10

Cited by 1 later decisions — most recently July 1973

1 state decisions

Relies on Fierro v. State · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-11-10

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¶1*447OPINION

MORRISON, Judge.

¶2The offense is felony theft; the punishment, two (2) years.

¶3Appellant and his attorney executed a waiver of a trial by jury and joined in a stipulation in which he agreed that on the day charged in the indictment, appellant stole an automobile of the value of over fifty dollars from the possession of John Ray Johnson without his consent and with the intent to deprive the owner of the value thereof and with intent to appropriate the same. Such was a sufficient compliance with the terms of Art. 1.15, Vernon’s Ann.C.C.P. See Smith v. State, Tex.Cr.App., 416 S.W.2d 425 and Fierro v. State, Tex.Cr.App., 437 S.W.2d 833.

¶4After fully being admonished, the appellant entered his plea of guilty. The court ascertained from appellant that he was running from the police at the time he wrecked the stolen automobile and one with which he collided, and declined to grant probation.

¶5The judgment is affirmed.

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