Landers v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

in which McCORMICK, Presiding Judge, and MANSFIELD, PRICE, HOLLAND and WOMACK, Judges, joined.

Appellant stole a truck. Concerning this conduct, the State indicted appellant on two counts: (1) theft of property valued at $750 or more but less than $20,000 and (2) unauthorized use of a motor vehicle (UUMV).1 Both counts alleged the same owner and the same occurrence date, on or about June 27, 1994. Habitual allegations were included in the indictment.

The jury convicted appellant on count 2 (UUMV) and on a lesser included offense of count…