State v. Dickerson

OPINION

DUGGAN, Justice.

The State has filed a motion for rehearing in this case. We deny the motion, but withdraw our initial opinion of August 12, 1993, and substitute this one in its stead.

Before an opinion issued in this case, the justices of this Court voted to consider the case en banc. No further oral argument was heard. All nine Justices participated in the decision.

The State appeals from the trial court’s imposition of a two-year sentence on appellee for the felony offense of theft. We reform the judgment, and, as reformed, affirm.

A jury found appellee guilty of theft. Although the…