Elroy Smith v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00406-CR

Elroy Smith, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. D-1-DC-08-206744, HONORABLE JON N. WISSER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted Elroy Smith of theft, third offense, after he removed a tool set valued at more than $50 and less than $500 from a Sears store. See Tex. Penal Code Ann. § 31.03(e)(4)(D) (West Supp. 2009). The trial court assessed punishment at 23 months' imprisonment. See id. Smith appeals, arguing in one point of…