Earls v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was indicted for robbery. A jury convicted him of theft and assessed his punishment at ten years’ confinement and a fine of $5,000. The Fourteenth Court of Appeals affirmed the conviction. 650 S.W.2d 858 (Tex.App. — Houston [14th dist.], 1982). We granted appellant’s petition for discretionary review on four grounds, two of which deal with the sufficiency of the evidence and two of which deal with the court’s charge on the lesser included offense of theft from a person.

Van Anh Thi Phan testified that on…