Grant v. State
This text of 456 S.W.2d 122 (Grant v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION ON APPELLANT’S MOTION FOR REHEARING
Our prior opinion is withdrawn.
The offense is felony theft; the punishment, three months in the county jail and a fine of $300.00.
The punishment provided for felony theft by Article 1421, Vernon’s Ann.P.C., is “confinement in the penitentiary (for) not less than two nor more than ten years.” [123]*123Since the punishment assessed is less than that provided by law, the judgment must be reversed. Mendez v. State, Tex.Cr.App., 379 S.W.2d 333; Russell v. State, 171 Tex.Cr.R. 626, 352 S.W.2d 746; Craven v. State, Tex.Cr.App., 350 S.W.2d 34; Nichols v. State, 171 Tex.Cr.R. 42, 344 S.W.2d 694; Gilliland v. State, Tex.Cr. App., 342 S.W.2d 327; Justice v. State, 170 Tex.Cr.R. 383, 341 S.W.2d 431; and see cases collated at 13A Tex.Dig., Criminal Law @=>1177.
For the error pointed out, the judgment is reversed and the cause remanded.
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456 S.W.2d 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-state-texcrimapp-1960.