Martin v. State

OPINION

J. CURTISS BROWN, Chief Justice.

This is an appeal from a theft conviction of clothing with a value of less than $750. Because of two prior misdemeanor theft convictions, the offense was boosted to a third degree felony, which was then enhanced by a 1983 conviction for aggravated assault. The court sentenced appellant to ten years’ confinement in the Texas Department of Corrections. Appellant brings six points of error. For the reasons discussed below, we reverse the trial court’s judgment and remand the case for new trial.

Appellant was indicted in May of 1989 for stealing four dresses…