Foster v. State

OPINION

COHEN, Justice.

Appellant was convicted of theft after a nonjury trial and was sentenced to probation for five years and a fine of $750.00.

In his first ground of error, the appellant complains that his conviction was obtained in violation of his constitutional right to be free of double jeopardy because he was convicted under paragraph two of the indictment, after the State had elected to proceed only on paragraph one. The indictment contained two paragraphs alleging the same offense two different ways. The first paragraph alleged an offense under Penal Code § 31.03(b)(2), theft by…