Vitiello v. State

OPINION

J. CURTISS BROWN, Chief Justice.

The appellant was charged by indictment with the offense of felony theft. After pleading not guilty, he was tried and convicted by a jury. The trial court assessed punishment, enhanced under Tex.Penal Code Ann. § 12.42(b) (Vernon 1974), at fifteen years imprisonment. The appellant raises four points of error.

The indictment alleged seven different incidents of theft. The State based its prosecution on the theory that the appellant engaged in a continuing scheme of manufacturing “accidents,” and with the help of a co-conspirator, submitting fraudulent…