State v. Allen
Court of Appeals of Texas
1Opinion of the Court
OPINION
BLEIL, Justice.
The State appeals from Cheryl Allen’s conviction. The State contends that the trial court, after convicting Allen of a third-degree felony, erred in assessing misdemeanor punishment under Tex.Penal Code Ann. § 12.44 (Vernon Supp.1993).1 We find no error and affirm.
The trial court convicted Allen of stealing about $42.00 worth of cigarettes. After enhancement, this offense is a third-degree felony. Allen had previously been convicted of felonies, and the State prosecuted her as an habitual offender. Ordinarily, upon conviction for a third-degree felony, an habitual…
2Cases cited2 opinions
- Harvey v. StateCourt of Criminal Appeals of Texas · 1981
- State v. Garza, Texas Court of Appeals, 4th District (San Antonio)1992
3Cited by1 opinion
- State v. AllenCourt of Criminal Appeals of Texas · 1993