Matthias v. State

OPINION

SEARS, Justice.

This is an appeal from a conviction on four of six counts of felony theft under Section 31.03(b)(2) of the Texas Penal Code. The appellant pled not guilty, and the jury found him guilty of counts one, two, three and five. The state abandoned count four, and the trial court instructed the jury to find appellant not guilty on count six. The court assessed punishment at six years’ confinement as to each count and assessed a fine of $5,000.00 as to count one. We affirm in part and reverse and remand in part.

During trial, the state relied heavily on the testimony of David…