Dennis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Appellant was charged in a two count indictment with committing the offenses of theft and theft by receiving stolen property. See V.T.C.A., Penal Code, Sections 31.-03(a), (b)(1) and 31.03(a), (b)(2).1 The jury acquitted him of the former offense and convicted him of the latter offense. The trial court assessed punishment at twelve years’ confinement in the penitentiary. The Houston Fourteenth Court of Appeals reversed the conviction and ordered the indictment dismissed. See Dennis v. State, 629 S.W.2d 816 (Tex.App.—Houston…