Mears v. State

OPINION

MORRISON, Judge.

The offense is felony theft; the punishment, two years.

Appellant pled guilty and entered into a written agreement to stipulate. On appeal appellant contends that his judicial confession was insufficient because it failed to recite that the appellant intended to appropriate the stolen property to the use and benefit of the appellant. The written stipulation, which appellant testified was substantially true and correct, contains no recitation of appellant’s intent to appropriate, which is an essential element of the offense denounced by Art. 1410, V.A.P.C.1

The evidence is…