Berry, Larry Eugene ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-1416-12

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LARRY EUGENE BERRY, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS BEXAR COUNTY

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Per curiam.

O R D E R

Review is granted on Ground Four presented in Appellant's Petition for Discretionary Review, which concerns the sufficiency of the evidence that Appellant was acting in a fiduciary capacity. In addition to that ground, the Court grants discretionary review on its own motion and would request briefing from the parties on the following question:

When two offenses are tried jointly, and one of the convictions is reversed for insufficient evidence, should the defendant receive a new punishment hearing on the remaining offense?

The Clerk of this Court will send copies of this order to the Court of Appeals for the Fourth District, the State Prosecuting Attorney, the District Attorney for Bexar County, and Appellant.

En Banc.

Entered June 12, 2013.

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