Goodwin v. State

SUMMERS, Chief Justice.

Appellant Kenneth Wayne Goodwin (Goodwin) was convicted by a jury of six counts of theft of property pursuant to one scheme and continuing course of conduct with an aggregate1 value greater than $20,000.2 The jury assessed punishment at ten years’ confinement and a $10,000 fine. The jury recommended that Goodwin’s confinement be probated for six years, but did not recommend probation of Goodwin’s fine. We reverse and acquit in part, and reverse and remand in part for a new trial on punishment.

On August 20, 1974, Kenneth C. Miller died. In his will and codicils, he…