Kelley v. State

ROWE, Justice.

The State’s motion for rehearing is granted. Our former opinion is withdrawn, and the following is now our opinion.

Appellant appeals a conviction for theft for which the court assessed punishment at 180 days in jail pursuant to a negotiated plea bargain agreement. All proceedings were held before a magistrate appointed pursuant to TEX.REV.CIV.STAT.ANN. art. 1918c (Vernon Supp.1982-1983). Under TEX.CODE CRIM.PROC.ANN. art. 44.02 (Vernon 1979), the trial court granted appellant permission to appeal. In her sole ground of error appellant contends that “the tribunal which conducted…