Graves v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BERCHELMANN, Judge.

Appellant was indicted for felony theft involving welfare fraud in accordance with Tex.Penal Code Ann. Section 31.09. Section 31.09 permits the amounts of numerous thefts occurring pursuant to a continuing course of conduct to be aggregated to determine the grade of the offense. The underlying offenses involved in the case at bar involve eighteen counts of misdemean- or theft, aggregated into one count of felony theft. The indictment for felony theft, however, was returned two years and two days after the last theft…