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<P><SPAN STYLE="font-family: Univers" STYLE="font-size: 14pt"><CENTER></SPAN><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>NUMBER 13-07-626-CR</CENTER> 

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<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG><CENTER>COURT OF APPEALS</CENTER> 

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<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG><CENTER>THIRTEENTH DISTRICT OF TEXAS</CENTER> 

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<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG><CENTER>CORPUS CHRISTI</STRONG></SPAN><SPAN STYLE="font-family: Arial"> - </SPAN><SPAN STYLE="font-family: Arial" STYLE="font-size: 16pt"><STRONG>EDINBURG</STRONG>  </SPAN><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"></CENTER> 

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<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>                                                                                                                      </STRONG></SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>BRUCE VINCENT FELDER, 				                   Appellant,</STRONG></SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG><CENTER>v.</CENTER> 

</STRONG></SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>THE STATE OF TEXAS,						           Appellee.</STRONG></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>                                                                                                                      </STRONG></SPAN></P> 

 

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<P ALIGN="CENTER"><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>On appeal from the 22nd District Court </STRONG></SPAN></P> 

 

<P ALIGN="CENTER"><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>of Hays County, Texas</STRONG></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG>                                                                                                                      </STRONG></SPAN></P> 

 

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<P ALIGN="CENTER"><SPAN STYLE="font-family: Arial" STYLE="font-size: 16pt"><STRONG></STRONG></SPAN><SPAN STYLE="font-family: Arial" STYLE="font-size: 16pt"><STRONG>MEMORANDUM OPINION</STRONG></SPAN><SPAN STYLE="font-family: Arial"><STRONG></STRONG></SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial"><CENTER><STRONG>Before</STRONG></SPAN><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG> Justices Rodriguez, Garza, and Vela</CENTER> 

</STRONG></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="font-size: 14pt"><STRONG><CENTER>Memorandum Opinion by Justice Vela</STRONG></SPAN><SPAN STYLE="font-family: Arial"></CENTER> 

</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial">	</SPAN><SPAN STYLE="font-family: Arial">A jury found appellant, Bruce Vincent Felder, guilty of criminal mischief, a state-jail 

felony.  <EM>See</EM> Tex. Penal Code Ann.  28.03(a)(1), (b)(4) (Vernon Supp. 2007).  The trial 

court sentenced him to one year in a state-jail facility and ordered him to pay $3,000 in 

restitution.  By two issues, Felder challenges the legal and factual sufficiency of the 

evidence to support the verdict.  We affirm.</SPAN></P> 

 

<P ALIGN="CENTER"><SPAN STYLE="font-family: Arial">I.  Background</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	On January 27, 2006, Opal Jones drove to a Wal-Mart store in San Marcos.  In the 

Wal-Mart parking lot, she spotted a car which was about to leave a parking space.  After 

the car pulled out of the space, she pulled into and parked her car in the spot.  As she 

parked her car, she heard someone honk at her.  Then, a car parked directly behind her, 

blocking her car in the spot.  Jones testified that an "agitated" man, whom she identified 

at trial as Felder, got out of the car, approached her car "angrily," and banged on her 

window.  She opened her window to hear Felder, who was yelling and using profanity, 

claiming she had taken his parking spot.  She told him "that was not what happened" and 

rolled up her window.  Felder left, and he and a woman, who was waiting in his car, went 

into the Wal-Mart, leaving Jones's car blocked.  Jones waited for them to enter the store 

before she got out of her car.  She went inside the store to find someone to help her 

because she was frightened.  As she was explaining the situation to a Wal-Mart employee, 

Felder approached them and, speaking loudly and using profane words, accused her of 

trying to "tell on" him.  When Jones asked the employee to call a security guard, Felder 

yelled at her, and called her an "ugly name."  Felder told Jones that he was "parked right 

behind you, so you're going to have to talk to me if you want to go."  He then left the store.  

The employee suggested that Jones finish her grocery shopping, and, if Felder was still in 

the parking lot when she finished, someone would escort her to her car.  After Jones 

finished grocery shopping, she went to the manager's office and asked someone to escort 

her to her car.  An employee walked with her to her car; Felder's car was no longer 

blocking her vehicle.  However, after she placed the groceries in the back of her car, she 

saw numerous key marks on the driver's side door of her car.  The key marks were not 

there when she arrived at the Wal-Mart.  She returned to the store, notified employees of 

the damage, and the police were called.  A police officer arrived, took Jones's statement, 

and requested to see Wal-Mart's video footage of the parking lot during the time in 

question.</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	A Wal-Mart employee testified Felder "was upset" and "had words" with Jones  in 

the front of the store.  The employee identified Felder as "Deidra's husband."<A HREF="#N_1_"><SUP> (1)</SUP></A>  The officer 

asked if Deidra's husband's name was Bruce, and the employee confirmed it was.  The 

officer reviewed the videotape and recognized Felder as the man who was driving the car 

that  blocked Jones's car in the parking space.  The videotape showed Felder parking his 

car behind Jones's, getting out and approaching the driver's side door of her car, going 

back to his vehicle, leaving his vehicle parked behind Jones's, then entering the Wal-Mart 

with his wife.  The videotape also showed Felder leaving the Wal-Mart, approaching his 

vehicle, taking a right before he entered in his vehicle, and then getting into his car and 

driving to the front doors of the Wal-Mart.  The videotape did not show Felder actually 

causing damage to Jones's car.  The amount of damage was estimated at over $3,000.</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	Felder testified that he did not damage Jones's vehicle.  He testified, "I didn't go 

near her car except for when the gentleman in the white shirt called me to explain to me 

that he witnessed what had happened."</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	On cross-examination, the prosecutor asked Felder:</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial">	Q. And this is the video of you leaving the [Wal-Mart] store.  And I want you 

to look.  On your right-hand side as you walk out of the store, we see an 

object.</SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial">	A. Yeah.</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial"> 	Q. What is that that you're carrying?</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial">	A. Those are my keys.</SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial">	* * *</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial">	Q. So it's your testimony that you go behind the van not to key the victim's 

car at this point but to talk to the guy in the white T-shirt?</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial">	A. Yeah, the gentleman that called me . . . .</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	Q. What's that gentleman's name?</SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial">	A. I have no idea.  He's a customer.</SPAN></P> 

 

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<P><SPAN STYLE="font-family: Arial"><CENTER>II. Discussion </CENTER> 

</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	In issues one and two, Felder challenges the legal and factual sufficiency of the 

evidence to support his conviction.  In reviewing the legal sufficiency of the evidence to 

support a conviction, we view all the evidence in the light most favorable to the verdict in 

order to determine whether any rational trier of fact could have found the essential 

elements of the crime beyond a reasonable doubt.  <EM>Jackson v. Virginia</EM>, 443 U.S. 307, 319 

(1979); <EM>Hampton v. State</EM>, 165 S.W.3d 691, 693 (Tex. Crim. App. 2005).  This standard 

gives full play to the responsibility of the trier of fact to resolve conflicts in the testimony, 

to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate 

facts.  <EM>Jackson</EM>, 443 U.S. at 319.  The trier of fact is the sole judge of the weight and 

credibility of the evidence.  <EM>See</EM> Tex. Code Crim. Proc. Ann. art. 38.04 (Vernon 1979); 

<EM>Margraves v. State</EM>, 34 S.W.3d 912, 919 (Tex. Crim. App. 2000).  Thus, when performing 

a legal-sufficiency review, we may not re-evaluate the weight and credibility of the evidence 

and thereby substitute our judgment for that of the fact-finder.  <EM>Dewberry v. State</EM>, 4 

S.W.3d 735, 740 (Tex. Crim. App. 1999).  We must resolve any inconsistencies in the 

evidence in favor of the verdict.  <EM>Curry v. State</EM>, 30 S.W.3d 394, 406 (Tex. Crim. App. 

2000). </SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	When reviewing the factual sufficiency of the evidence, we view all the evidence in 

a neutral light, favoring neither party.  <EM>See</EM> <EM>Watson v. State</EM>, 204 S.W.3d 404, 414 (Tex. 

Crim. App. 2006); <EM>Drichas v. State</EM>, 175 S.W.3d 795, 799 (Tex. Crim. App. 2005).  We will 

set aside the verdict only if:  (1) the evidence supporting the conviction, although legally 

sufficient, is nevertheless so weak that the fact-finder's determination is clearly wrong and 

manifestly unjust; or (2) the verdict though legally sufficient, is against the great weight and 

preponderance of the evidence.  <EM>Watson</EM>, 204 S.W.3d at 414-15; <EM>Johnson v. State</EM>, 23 

S.W.3d 1, 11 (Tex. Crim. App. 2000).  We cannot conclude a conviction is "clearly wrong" 

or "manifestly unjust" simply because we would have voted to acquit.  <EM>See</EM> <EM>Watson</EM>, 204 

S.W.3d at 417.  In other words, we may not simply substitute our judgment for the fact-finder's judgment.  <EM>Johnson</EM>, 23 S.W.3d at 12; <EM>Cain v. State</EM>, 958 S.W.2d 404, 407 (Tex. 

Crim. App. 1997).  To reverse for factual sufficiency, we must determine, with some 

objective basis in the record, that the great weight and preponderance of the evidence 

contradicts the verdict.  <EM>Watson</EM>, 204 S.W.3d at 417.  In examining a factual sufficiency 

challenge, we defer to the fact-finder's determination of the credibility of the evidence.  

<EM>Swearingen v. State</EM>, 101 S.W.3d 89, 97 (Tex. Crim. App. 2003).</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial"><EM>A. Elements of Criminal Mischief</EM></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	As charged in this case, a person commits the offense of criminal mischief if, without 

the consent of the owner, he or she intentionally or knowingly damages or destroys the 

tangible property of the owner.  Tex. Penal. Code Ann.  28.03(a)(1).  Criminal mischief 

includes, as an element, the value of the injury inflicted.  <EM>See id</EM>.  28.03(b); <EM>Gallardo v. 

State</EM>, 167 Tex. Crim. 511, 321 S.W.2d 581, 581 (1959).  The amount of pecuniary loss 

determines the punishment range for the offense.  <EM>See id</EM>.</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	Circumstantial evidence, by itself, may be enough to support a jury's verdict.  

<EM>Kutzner v. State</EM>, 994 S.W.2d 180, 184 (Tex. Crim. App. 1999); <EM>see Smith v. State</EM>, 965 

S.W.2d 509, 515 (Tex. Crim. App. 1998).  It is not necessary that every fact point directly 

and independently to the defendant's guilt; it is enough if the conclusion is warranted by 

the combined and cumulative force of all the incriminating circumstances.  <EM>Barnes v. State</EM>, 

876 S.W.2d 316, 321 (Tex. Crim. App. 1994); <EM>Johnson v. State</EM>, 871 S.W.2d 183, 186 

(Tex. Crim. App. 1994).</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial"><EM>B. Application of Law to Facts</EM></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	In this case, a rational jury could have determined the following from the evidence:  

(1) Felder parked his car behind Jones's car, got out and approached the driver's side door 

of Jones's car, then went back to his vehicle, leaving his vehicle parked behind Jones's 

car, then entered the Wal-Mart with his wife; (2) Felder left the Wal-Mart carrying his keys; 

(3) Felder was angry at Jones, claiming she took his parking spot; (4) the videotape 

showed Felder leaving the store, approaching his vehicle, taking a right before he entered 

in his vehicle, and then getting into his car and driving to the front  doors of the store; (5) 

Felder admitted to going near Jones's car; (6) when Jones returned to her car, she saw the 

damage to her car's door; (7) the damage was not there when she arrived at the Wal-Mart 

store; and (8) the amount of damage to Jones's car was estimated at over $3,000.</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	The evidence favorable to Felder was that:  (1) he denied damaging Jones's car; 

(2) he went near Jones's car to talk to the man in a white shirt; (3) the videotape did not 

show him damaging Jones's vehicle; and (4) no witness saw Felder damage Jones's car.</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	Viewing the evidence in the light most favorable to the verdict, we find that the jury's 

conclusion was warranted by the combined and cumulative force of all the incriminating 

circumstances.  <EM>See Barnes</EM>, 876 S.W.2d at 321.  Accordingly, we conclude the evidence 

is legally sufficient for a rational jury to find Felder guilty of criminal mischief; that is he 

intentionally or knowingly damaged Jones's vehicle without her consent in an amount 

greater than $1,500 but less than $20,000 beyond a reasonable doubt.  <EM>See</EM> Tex. Penal 

Code Ann.  28.03(a)(1), (b)(4).  We also conclude the evidence supporting the conviction 

is not so weak that the fact-finder's determination is clearly wrong and manifestly unjust, 

or that the verdict is against the great weight and preponderance of the evidence.  Issues 

one and two are overruled.</SPAN></P> 

 

<P ALIGN="CENTER"><SPAN STYLE="font-family: Arial">III.  Conclusion</SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial">	We affirm the trial court's judgment.<A HREF="  "></A><A></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></A><A></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></A><A></A><A></A><A></A><A></A><A></A><A></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></SPAN></SPAN><SPAN STYLE="font-family: Arial"></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></A><A></A><A></A><A></A><A></A><A></A></SPAN></SPAN><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline"></SPAN></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">							ROSE VELA	</SPAN></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">							Justice</SPAN></SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">Do not publish.</SPAN></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">Tex. R. App. P. 47.2(b).</SPAN></SPAN></P> 

 

<BR WP="BR1"><BR WP="BR2"> 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">Memorandum Opinion delivered and</SPAN></SPAN></P> 

 

<P><SPAN STYLE="font-family: Arial" STYLE="COLOR: #0000ff"><SPAN STYLE="text-decoration: underline">filed this 3rd day of July, 2008. 

<P><A NAME="N_1_">1. </A>Deidra was identified as a Wal-Mart employee.</SPAN></SPAN></P> 

 

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