Cheney v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of the offense of felony theft under V.T.C.A., Penal Code, Section 31.03 and a jury assessed punishment at five years’ confinement. The Amarillo Court of Appeals reversed the conviction holding that, - although the evidence would support the theft conviction, there was also sufficient evidence to support a conviction under V.T.C.A., Penal Code, Section 32.32, the “false statement to obtain property or credit” statute. Assuming without analysis that Section 31.03, supra, is a “general” statute and that…