Rawlings v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for felony theft of property having a value of less than $200.00. V.T.C.A. Penal Code, Sec. 31.03(d)(4)(C). The punishment, enhanced by proof of an additional prior felony theft conviction, was assessed by the jury at imprisonment for twenty years. V.T.C.A. Penal Code, Sec. 12.42(a).

Appellant contends that Sec. 31.-03(d)(4)(C), supra, is a specific statute which alone governs the enhancement of misdemeanor theft offenses to the exclusion of Sec. 12.42(a), supra. This is a question on which this Court has previously withheld judgment.…