State v. Nelms

DUNN, Justice.

Appellee was indicted for the offense of theft of property valued under $750, elevated by two previous theft convictions pursuant to Tex.Penal Code Ann. section 31.-03(e)(4)(C) (Vernon 1989). 1 Appellee filed a motion to quash the indictment, arguing that a prior misdemeanor theft used earlier to elevate another misdemeanor theft to a felony, may not be used again to elevate a subsequent misdemeanor theft to a felony. The trial court granted appellee’s motion to quash that portion of the indictment elevating the offense. The State requested a stay of the proceeding and perfected…