Smith v. State

OPINION

TAFT, Justice.

A jury found appellant, David Anthony Smith, guilty of state jail felony theft and, having found three enhancement paragraphs true, assessed punishment at 65 years in prison. We address: (1) the legal and factual sufficiency of circumstantial evidence proving it was appellant who committed the theft; (2) whether appellant preserved his complaints to the jury charge and improper pros-ecutorial argument; and, as an issue of first impression, (3) whether appellant’s punishment for an aggravated state jail felony1 could be enhanced by two prior felony convic*373tions to sentence…