McCarley v. State

OPINION

BUTTS, Justice.

This is an appeal from a conviction for theft. TEX.PENAL CODE ANN. § 31.03(a), (b)(1) and (e)(4)(A) (Vernon Supp. 1989). After a jury found appellant guilty, the court assessed punishment at five years’ imprisonment.

The indictment against appellant contains 18 counts of theft, the cases being consolidated for trial pursuant to TEX.PENAL CODE ANN. §§ 3.01 (Vernon Supp. 1989) and 3.02 (Vernon 1974). The jury returned a guilty verdict on each count. See TEX.PENAL CODE ANN. § 3.03. The amounts charged in the indictment were aggregated in determining the grade of the offense…