Johnson v. State

OPINION

MORRISON, Judge.

The offense is felony theft; the punishment, five years.

Under an indictment alleging the primary offense of felony theft and two prior non-capital convictions alleged for enhancement, appellant was found guilty under a charge submitting the primary offense only. His first ground of error is that the court erred in overruling his mo tion to quash the enhancement counts of the indictment and his motion in limine requesting that State’s counsel be instructed not to allude to the prior convictions. Since the prior convictions were not submitted to the jury in the court’s…