Bignall v. State

OPINION

BOWERS, Justice.

Appellant entered a plea of not guilty before a jury to the offense of aggravated robbery. Tex.Penal Code Ann. § 29.03. He was convicted and the jury assessed punishment, enhanced under Tex.Penal Code Ann. § 12.42(d), at imprisonment for 25 years. In two points of error, appellant argues the trial court erred by refusing to instruct the jury on the lesser included offense of theft. We affirm.

Mr. Augustine Abolade testified that on July 23, 1992, between 5:00 and 5:30 p.m., he was working as a clerk in a Stop-N-Go convenience store in Harris County, Texas. William…