Colquitt v. State

JUNELL, Justice.

This appeal follows appellant’s plea of guilty to an indictment charging theft of property valued at less than $200.00. The court found him guilty of a third degree felony and assessed punishment at two years imprisonment.

In his only ground of error, appellant contends that the court convicted him of a crime for which he was not charged. We agree. The indictment alleged a primary offense of theft of property valued under $200.00, with two “enhancement” paragraphs alleging that appellant was twice previously convicted of felony credit card abuse. Tex.Penal Code Ann. § 32.31…