Sonnier v. State

OPINION

MIRABAL, Justice.

After a bench trial, the trial court found appellant, Olga Lee Sonnier, guilty of theft. After finding one of two enhancement paragraphs true, the trial court sentenced appellant to 15-years confinement. We reverse.

Appellant was charged by an indictment with two paragraphs alleging theft: (1) under Penal Code § 31.03(a), (b)(1) (unlawful appropriation of property without owner’s effective consent), and (2) under Penal Code § 31.03(a), (b)(2) 1 (theft by receiving). The trial court found appellant guilty of “theft,” without specifying which paragraph of the indictment…