Danny Scott Carter v. State Texas

A jury convicted appellant of theft and assessed his punishment at eighteen years in prison and a $5,000 fine. We must decide
if he was convicted of felony theft, misdemeanor theft or if he is entitled to an acquittal. See TEX. PENAL CODE ANN. § 31.03(e)
(Vernon Supp. 1991). We will acquit appellant. The indictment charged appellant with third-degree felony theft by alleging that he unlawfully appropriated property of another
"under the value of $750" and that he had be en convicted two or more times of theft. See id. at § 31.03(e)(4)(E). The indictment
also alleged a prior burglary conviction by way of enhancement. The State presented no evidence of the prior theft convictions
during the guilt-innocence stage of the trial. At the end of the testimony, the court charged the jury: