Willis v. State

OPINION ON REMAND FROM COURT OF CRIMINAL APPEALS

BAKER, Justice.

In 1985 a jury convicted Barry O’Neal Willis of theft. The court assessed punishment at two years’ confinement and a $5,000 fine. The case is now before this Court on remand from the Court of Criminal Appeals. We affirm the trial court’s judgment.

PROCEDURAL HISTORY

On original submission of the appeal, this Court considered only two of appellant’s points of error. We held that section 31.-03(c)(3) of the Texas Penal Code is constitutional as applied to appellant in this case and that the trial court erred in refusing to grant…