Barnes v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant, David Barnes, was convicted by a jury of theft by a public servant, V.T.C.A., Penal Code Sec. 31.03(a), (b)(1), (e)(2)(A), and (f) 1 . Punishment was assessed at a fine of $200. 2 The Court of Appeals reversed and entered a judgment of acquittal, holding “reasonable jurors could not have found beyond a reasonable doubt that the offense was committed within the period of limitation fixed by Articles 12.02 and 12.04, Tex.Code Crim.Proc. Ann.” 3 Barnes v. State, 824 S.W.2d 585, at 588 (Tex.App. — Tyler 1990). We granted…