Flowers v. State

OPINION

KOEHLER, Justice.

This is an appeal from a jury conviction for second degree felony theft. The jury assessed punishment at imprisonment for four years. We reverse.

Appellant was charged by indictment with theft of oil field equipment under Tex. Penal Code Ann. sec. 31.03(a), (b)(3) and (e)(5)(A)(ii) (Vernon 1989). The prosecution arose out of an oil field “sting” operation conducted by the Texas Department of Public Safety, utilizing pipe loaned to DPS by Texaco, Inc. An undercover Special Texas Ranger negotiated a sale of this pipe to the Appellant, allegedly characterizing it to…