Penn v. State

MORSE, Justice.

This is an appeal from a conviction for Credit Card Abuse. After trial by jury, the court assessed punishment at ten (10) years probation and restitution of $6,200. We affirm the judgment of the trial court.

It first becomes necessary to address the jurisdictional question in this case. In a one page instrument, appellant was indicted on four counts of credit card abuse in violation of Tex.Penal Code Ann. § 32.31 (Vernon 1974). The first count alleges, in separate paragraphs, two offenses. However, the jury was charged on only the first paragraph which alleged that appellant…