Smallwood v. State

OPINION

TREVATHAN, Chief Justice.

This is an appeal from a conviction for felony theft. Appellant was charged by indictment with third degree felony theft pursuant to the third offender provision of the Texas Penal Code. Tex.Penal Code Ann. § 31.03(e)(4)(E) (Vernon Supp.1992).1 Appellant’s punishment was also enhanced pursuant to the habitual offender statute of the Texas Penal Code. Tex.Penal Code Ann. § 12.42(d) (Vernon Supp.1992). The range of punishment mandated by section 12.42(d) is a minimum of 25 years to 99 years or a life sentence. Tex.Penal Code Ann. § 12.42(d). A jury found…