Fairrow V. State

After a jury convicted Bobby Joe Fairrow of the third-degree felony offense of theft, the trial court imposed an enhanced sentence of eighteen years in the state penitentiary. In a single issue, appellant contends the sentence assessed by the trial court was outside the range of punishment allowed by law and is therefore illegal. Because we agree that appellant did not receive proper notice of the intent to enhance his punishment with a prior conviction, we affirm the conviction but reverse and remand for a new hearing on punishment. See Tex. Code Crim. Proc. Ann. art. 44.29(b) (Vernon Supp. 2003).