McGinnis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted by a jury of felony theft of the third degree under V.T. C.A., Penal Code, § 31.03(d)(4)(C), as amended in 1983.1 After the jury verdict of guilty the penalty stage of the trial was conducted before the court. The appellant entered a plea of “true” to the paragraph in the indictment alleging a prior felony conviction of burglary of a building. After other evidence and a stipulation of several other convictions the court fixed the punishment for a second degree felony at 10 years’ imprisonment.…