Farrell v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was convicted by the trial judge of theft, Tex.Penal Code Ann. § 31.-03(e)(4)(B), and sentenced to confinement for forty-five years. Tex.Penal Code Ann. § 12.-42. The Court of Appeals found the evidence insufficient and entered a judgment of acquittal. Farrell v. State, 837 S.W.2d 395, 401 (Tex.App.—Dallas 1992). We granted the State’s petition for discretionary review to determine whether the Court of Appeals erred in failing to reform the judgment and find appellant guilty of the lesser offense of theft. We will…