Peterson v. State

OPINION ON REHEARING ON COURT’S OWN MOTION

ONION, Presiding Judge.

This is an appeal from a conviction for theft over $10,000.00, a felony of the second degree. V.T.C.A., Penal Code, § 31.03. Following the jury’s guilty verdict, the court assessed punishment at five (5) years’ imprisonment, probated, with a requirement of $8,480.21 in restitution as a condition of probation.

On original submission the conviction was affirmed in a panel opinion with one judge dissenting as to the sufficiency of the evidence to sustain the conviction. The court on its own motion has granted rehearing to consider…