Lewis v. State

BENTON, Judge.

Anthony Lewis appeals his conviction for petit theft. He contends in his initial supplemental brief that this count of his three-count judgment and the corresponding sentence must be set aside. On the other counts, he was convicted and sentenced below for forgery and for uttering a forgery. The convictions for petit theft and for uttering a forgery were both based on the single act of attempting to cash a forged check. We reverse the petit theft conviction on double jeopardy grounds.

This case presents the “unusual example of two statutory offenses which are not the ‘same’ for…