Gant v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the felony theft offense recently created by enactment of V.T.C.A. Penal Code, § 31.-03(d)(4)(C), 1 in which the State had alleged a prior robbery offense for purposes of punishing appellant as a repeat offender under the provisions of V.T.C.A. Penal Code, § 12.42(a); 2 the punishment assessed is not less than two nor more than twenty years 3 confinement.

The evidence adduced at trial reflects that Valerie Tullis, an employee of Eckerd Drug Store, observed a black man identified as appellant, placing a stereo unit in a shopping…