State v. Allen

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellee was charged by indictment with the offense of theft, a third-degree felony pursuant to Tex.Penal Code Ann. § 31-03(e)(4)(E). 1 The primary offense was alleged to have been committed on or about February 1, 1991. The indictment also alleged in separate enhancement paragraphs, two non-theft prior felony convictions. On March 26, 1992, appellee, in a nonjury trial, was convicted of the primary offense of third-degree felony theft in the 188th District Court of Gregg County. Appellee entered a plea of “not true” to the…