Lang v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

This case is before us on State’s petition for discretionary review. A jury found appellant guilty of theft of a ring of the value of at least $200 but less than $10,000. Enhanced by a prior theft conviction, the jury assessed punishment at five years. The Dallas Court of Appeals reversed, concluding that the charge was fundamentally defective because it authorized conviction on a theory not alleged in the indictment. Lang v. State, 642 S.W.2d 68 (Tex.App.—Dallas 1982).

Recently in Almanza v. State 686 S.W.2d 157, 171…