Talamantez v. State

OPINION

CHAPA, Justice.

Appellant was indicted for the offense of Misapplication of Fiduciary Property of a value over two hundred dollars, a third degree felony. TEX.PENAL CODE ANN. § 32.45(c)(2) (Vernon 1989). The indictment alleged that appellant

did then and there intentionally and knowingly misapply by dealing with property contrary to an agreement under which the Actor held the property, to-wit: lawful money of the United States [sic] of the value of $280.00 he held as a fiduciary but not as a commercial bailee to-wit: as insurance agent, he dealt with the money in a manner that involved…