Smith v. State

COLLEY, Justice.

James D. Smith, Sr., was convicted by a jury of misapplication of fiduciary proper*123ty1 of the value of more than $200.00 but less than $10,000.00,2 a third degree felony. The jury assessed his punishment at five years’ confinement but recommended probation. Imposition of sentence was suspended by the court and Smith was placed on probation for five years. We reverse and remand with instructions.

The record reveals the following facts. Smith and his former wife, Betty Sue Smith,3 were divorced by decree of the District Court of Nacogdoches County signed on April 20, 1979. The…