Willis v. State

VANCE, Justice.

Barry O’Neal Willis appeals his conviction of theft for which the court, after a jury trial, assessed punishment at two years’ confinement. The court also assessed a fine of $5,000. Appellant, contends that: (1) Texas Penal Code, section 31.03(c)(3) is unconstitutional; and (2) the trial court erred in refusing to grant appellant’s requested instruction on his good faith purchase defense. We agree with appellant’s contention that the trial court erred in failing to give a charge on his affirmative defense of his good faith purchase. Accordingly, for the reasons stated below, we…