Menchaca v. State

OPINION

OSBORN, Chief Justice.

This is an appeal from a conviction for felony theft. The court assessed punishment, enhanced by two prior felony convictions for burglary of habitation, at imprisonment for twenty-five years. We affirm.

Appellant was arrested and charged with a misdemeanor theft arising out of a shoplifting incident. In the primary count of the indictment, the State alleged three pri- or misdemeanor theft convictions to raise the grade of the primary offense to a third degree felony under Tex.Penal Code Ann. sec. 31.03(e)(4)(C) (Vernon 1989).

In two additional paragraphs, the State…