Washington v. State

OPINION

YÁÑEZ, Justice.

A jury found appellant guilty of theft of property valued at more than $750.00 but less than $20,000.00. See Tex.Penal Code Ann. § 31.03 (Vernon 1994). The court assessed punishment at ten years confinement, probated for a like term, a $100.00 fine, and $3,155.00 of restitution. The appellant argues that there is no evidence to support a conviction of theft under the theory alleged in the indictment, and the State concedes error. We reverse and acquit.

The indictment alleged in pertinent part: that [Appellant] ... on or about the 24th day of March A.D. 1988, ... did then…