Goodrich v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of burglary of a motor vehicle. The punishment is imprisonment for six years.

The appellant in his only ground of error complains that error occurred when the prosecutor used a prior void conviction to impeach the appellant’s testimony during the guilt-innocence stage of the trial. Specifically, appellant contends that in the pri- or conviction he was charged with burglary of a motor vehicle but pled guilty to theft. He asserts that based upon our holding in Franks v. State, 516 S.W.2d 185 (Tex.Cr.App.1974), theft is not a…