Nancy Willis Benefield v. State

OPINION

SHARON. MeCALLY, Justice.

A jury convicted appellant Nancy Willis Benefield of misapplying fiduciary property of $1,500 or more but less than $20,000, a state jail felony. See Tex. Penal Code Ann. § 32.45(c)(4) (West 2011). The trial court sentenced her to an agreed punishment of a $5,000 fine and confinement for one year, suspended with community supervision for four years. Appellant challenges her conviction in two issues, arguing that the trial court erred by refusing to instruct the jury on lesser-included offenses and denying her motion for a mistrial based on prosecutorial…