Richards v. State

CARVER, Justice.

Our opinion of June 4, 1982, published at 635 S.W.2d 859, held that an indictment aggregating the amounts taken in two thefts in order to determine the grade of the offense, as authorized by Section 31.09 Tex.Penal Code Ann. (Vernon 1974), was not subject to being quashed because the indictment failed to assert that the two thefts were “pursuant to one scheme or continuing course of conduct.” We relied upon Reger v. State, 598 S.W.2d 868 (Tex.Cr.App.1980) in so holding. Subsequent to our opinion, the Court of Criminal Appeals handed down Turner v. State, 636 S.W.2d 189…