Gaitan v. State

OPINION

MURPHY, Chief Justice.

Appellant pled not guilty before a jury to the offense of theft by a public servant in an aggregate amount of less than $20,000 but greater than $750. Tex.Penal Code Ann. § 39.01 (Vernon 1989). 1 The jury found him guilty and assessed punishment at ten years confinement in the Institutional Division of the Texas Department of Criminal Justice, to be probated for ten years, and a $10,000 fine. Appellant raises five points of error, alleging the trial court erred in denying his motion to dismiss the indictment with prejudice because of prosecutorial misconduct, in…