Clark v. State

COLLEY, Justice.

Richard Dale Clark waived his right to a *918jury trial.1 Thereafter he pleaded “not guilty” to an indictment charging him with theft, a felony of the third degree.2

Following the bench trial Clark was convicted, and the court assessed his punishment at three years’ confinement.

Clark urges three points of error contending (1) that the court erred in failing to acquit him because the evidence shows that the second of two prior convictions alleged in the indictment to elevate the primary offense (a Class “C” misdemeanor) to a third degree felony was not final at the time of the…