Herbert v. State

OPINION

TREVATHAN, Chief Justice.

Appellant, Larry Joseph Herbert, was indicted for the offense of unauthorized use of a motor vehicle. After a jury found him guilty of this offense, appellant pled true to two enhancement paragraphs, and the trial court assessed punishment at 25-years confinement. In five points of error, appellant challenges the validity of the indictment, the charge to the jury, the sufficiency of the evidence, and the effectiveness of his counsel. We reverse and render a judgment of acquittal.

We first address appellant’s fourth point of error.

In his fourth point of error,…