Foster v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of theft. Punishment, enhanced by proof of two prior felony convictions as alleged in the indictment, was assessed at life.

In his first ground of error, appellant apparently complains that the State was permitted improperly to enhance his punishment under two separate provisions of the Penal Code. The indictment alleged a primary offense of theft of property of the value of over $20 but under $200. V.T. C.A., Penal Code, Section 31.03(d)(4)(C) provides that that offense, otherwise a misdemeanor, is punishable as a third…