Kevin Lavelle Kent v. State

OPINION

SHARON McCALLY, Justice.

In an issue of first impression, we must decide whether statutory violations aggregated for purposes of Section 31.09 of the Penal Code, the aggregate theft statute, are elements that the jury must unanimously agree upon, or whether the violations are mere manner and means for which no unanimity is required. 1 Deter mining what elements of a statute require unanimity is a matter of legislative intent. In construing the aggregate theft statute, we conclude that unanimity is required for the gravamina of the underlying statutory violations that are aggregated for…