McNiel v. State

OPINION

DUGGAN, Justice.

Kimmala Jo McNiel appeals from a misdemeanor conviction for theft by receiving. Appellant was originally indicted for felony theft by receiving under the provisions of Tex.Penal Code Ann. § 31.03 (Vernon Supp.1988). However, following a jury trial upon her plea of not guilty, the jury found her guilty of the lesser offense of misdemeanor theft by receiving. The court assessed punishment at confinement in jail for a day, and a fine of $1,000.

While working at the automobile accessory store owned by her husband, appellant bought two used car seats from an individual named…