Henry v. State

OPINION

LAGARDE, Justice.

Gary Henry appeals his conviction of theft. In a single point of error, appellant contends that the trial court erred in sentencing him within the range of punishment for a second-degree felony following his conviction of the state jail felony offense of theft. For reasons that follow, we affirm the trial court’s judgment.

Appellant was indicted for the state jail felony offense of theft in accordance with section 31.03(e)(4)(D) of the Texas Penal Code. 1 The indictment also contained two enhancement paragraphs alleging prior convictions of murder and possession of a…