Ray v. State

OPINION

SHERRY RADACK, Chief Justice.

A jury found appellant, Michael Ray, guilty of third degree felony theft of property worth more than $20,000 but less than $100,000, and, after finding two enhancement paragraphs to be true, the trial court sentenced him to 60 years’ confinement. In two points of error, appellant argues that (1) the evidence was factually insufficient to support his conviction, and (2) the trial court erred in denying his request for an instruction on the lesser-included offense of state jail felony theft.

We reverse and remand.

Factual Background

Lloyd Johnson, a floor…