Michael Rivera v. State

MEMORANDUM OPINION

SHERRY RADACK, Chief Justice.

A jury found appellant, Michael Rivera, guilty of theft of property valued under $1,500 — -third offender, assessed punishment at two years’ confinement, and assessed a fine of $2,500. See Tex. Penal Code Ann. § 31.03 (Vernon Supp.2012). In his sole issue on appeal, he contends the trial court erred in denying his motion to sever his trial from that of a co-defendant. 1 We affirm.

BACKGROUND

At about 8 a.m. Saturday, January 15, 2011, Charles Wayne Carter drove by his business property on his way to.the gas station to make sure the gate was closed.…