Carriere v. State

OPINION

SHERRY J. RADACK, Justice.

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 1 and theft. 2 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…