Chambers v. State

LAGARDE, Justice.

Albert Chambers, Jr. appeals his conviction for the third-degree felony theft offense created by section 31.03(d)(4)(C) of the Texas Penal Code. See TEX.PENAL CODE ANN. § 31.03(e)(4)(C) (Vernon 1987). 1 Chambers brings four points of error. We reverse and remand on the basis of Chambers’s first point of error.

Chambers was indicted for robbery, enhanced with two prior convictions, an aggravated robbery and a burglary. Trial was to a jury on Chambers’s plea of not guilty. Chambers elected to have the jury assess his punishment. At the conclusion of all the evidence at the…