Ngo v. State

Opinion

W.G. ARNOT, III, Chief Justice.

The jury convicted Thanh Cuong Ngo of the offense of credit card abuse and assessed his punishment at confinement in a state jail facility for 2 years and a fine of $3,500. We reverse and remand.

In his sole issue on appeal, appellant asserts that his right to a unanimous verdict was violated by the disjunctive submission in the jury charge of two or more separate offenses. We agree.

Before addressing appellant’s issue, we must determine if it was preserved for review. The State asserts that appellant waived this issue when defense counsel affirmatively…