Pelache v. State

OPINION

Opinion by

Chief Justice VALDEZ.

Appellant, Eric Simon Pelache, was indicted for the offense of robbery with one enhancement paragraph, a second-degree felony. See Tex. Penal Code Ann. § 12.42(b) (Vernon Supp. 2008), 29.02 (Vernon 2003). Pelache elected to have a bifurcated trial. A jury acquitted Pelache of the robbery charge, but found him guilty of the lesser-included offense of theft of a person, a state-jail felony. See id. § 31.03(a), (e)(4)(B) (Vernon Supp. 2008). A sentencing hearing was set for three weeks later. Six days after the jury rendered its guilty verdict, the State…