Gallegos v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

After finding the appellant guilty of theft of property of over the value of $5.00 and less than $20.00,, the jury assessed punishment at $100.00. The conviction was reversed by the Court of Appeals. Gallegos v. State, 625 S.W.2d 812 (Tex.App.—Amarillo—1982). We granted the State’s petition for discretionary review in order to review the Court of Appeals’ holding that the State failed to prove certain material allegations of the information.

The information alleged in pertinent part that appellant appropriated “one…