Swope v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant Shera Swope was convicted by a jury of the offense of theft by deception. V.T.C.A.Penal Code, §§ 31.01 and 31.03. Punishment was assessed at twenty years imprisonment and a fine totaling $80,000. On appeal, the Third Court of Appeals affirmed the conviction with a minor reformation of the judgment. Swope v. State, 723 S.W.2d 216. (Tex.App.—Austin 1986).

We granted appellant’s petition for discretionary review to consider “whether a defendant, who is indicted only as a party to the commission of an offense…