Whetstone v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant appeals from orders revoking his probation on two felony theft convictions, V.T.C.A. Penal Code Sec. 31.03(a), and sentencing him to two five year prison terms, which run concurrently. On direct appeal, appellant contended the 1981 indictments to which he originally pled guilty were fundamentally defective for failing to allege the elements of theft. The court of appeals agreed, reversed the trial court’s judgments and dismissed the indictments. Whetstone v. State, 739 S.W.2d 650 (Tex.App.—Dallas 1987). We granted the…