Mills v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the second degree felony offense of theft over $10,-000.00, pursuant to V.T.C.A. Penal Code, Sec. 31.03(d)(5)(B) as it appeared prior to amendment by Acts 1983, 68th Leg., p. 3244, ch. 558, Sec. 11, eff. Sept. 1, 1983. Punishment was assessed accordingly by the trial court at sixteen years confinement in the Texas Department of Corrections.

On appeal it was contended, inter alia, that prosecution of appellant under Sec. 31.03, supra, had been improper in that a more specific statute existed…