Carter v. State

OPINION

VANCE, Justice.

A jury convicted appellant of theft and assessed his punishment at eighteen years in prison and a $5,000 fine. We must decide if he was convicted of felony theft, misdemeanor theft or if he is entitled to an acquittal. See Tex.Penal Code Ann. § 31.03(e) (Vernon Supp.1991). We will acquit appellant.

The indictment charged appellant with third-degree felony theft by alleging that he unlawfully appropriated property of another “under the value of $750” and that he had been convicted two or more times of theft. See id. at § 31.03(e)(4)(E). The indictment also alleged a prior…