State v. Reyes

OPINION

GUADALUPE RIVERA, Justice.

Venice Reyes was indicted for felony theft. After the trial court granted Reyes’ motion to quash, the State appealed. We will reverse.

BACKGROUND

Reyes was indicted for theft of property valued at less than $1,500. The indictment further alleged that Reyes was twice before convicted of theft, which elevated the Class A misdemeanor offense to a state-jail felony. See Tex. Penal Code Ann. § 31.03(e)(3), (e)(4)(D) (Vernon 2003). Because one of the prior convictions alleged resulted in a probated sentence, and because that probated sentence was never revoked, Reyes…