State v. Allen

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…