Smith v. State

Cooper, Judge.

Appellant was convicted of theft by taking a motor vehicle and appeals the trial court’s denial of his motion for new trial on the sole ground that the court erred in admitting into evidence two prior motor vehicle theft convictions. Appellant contends the prior convictions were not sufficiently similar to the offense for which he was tried.

The evidence adduced at trial showed that the victim consented to appellant’s use of her car for approximately one hour; however, after appellant did not return the car for several days, the car was reported stolen. Approximately two weeks…