York v. State

OPINION ON MOTION FOR REHEARING

FARRIS, Justice.

Appellant appeals his conviction by a jury for the felony offense of theft over the value of $750.00, but less than $20,-000.00. See TEX.PENAL CODE ANN. sec. 31.03(e)(4)(A) (Vernon Supp.1986). The jury assessed punishment at four years confinement in the Texas Department of Corrections and a fine of $1,000.00, with a recommendation that both penitentiary confinement and fine be probated.

We reverse and acquit.

On February 4, 1985, appellant was stopped by a police officer for a traffic violation. Upon observing copper tubing in the back of…