Franklin v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Gerald Donald Franklin, appeals from the trial court’s judgment convicting him for third-offender theft, a state jail felony, which was enhanced to a second degree felony by prior felony convictions for unauthorized use of a motor vehicle (UUMV) and robbery. See Tex. Pen.Code Ann. § 31.03(e)(4)(D) (Vernon Supp.2006). The trial court sentenced appellant to ten years in prison. In his first point of error, appellant asserts that the trial court erred in the punishment phase of trial by sentencing him to a term of imprisonment within the punishment range…