Huff v. State

REYNOLDS, Chief Justice.

In a trial before a jury, appellant James Loman Huff was found guilty of theft, Tex. Penal Code Ann. § 31.03 (Vernon Supp. 1982), the punishment for which was fixed by the jury at three years confinement and a $3,000 fine. On the jury’s recommendation of probation, the court probated the period of confinement, but ordered payment of the $3,000 fine.

Appealing, appellant contends that the trial court erred in overruling his motion for instructed verdict based on insufficiency of the evidence to prove three elements of the offense, in failing to probate the fine, and in…