Joe Moron and Frank Moron v. State Texas

Opinion ON APPELLANTS' PETITIONS FOR DISCRETIONARY REVIEW TEAGUE, Judge Joe Moron and Frank Moron, son and father and the appellants, were charged in a two count indictment that on two different occasions they committed the offense of felony theft of over $200 but less than $10,000 from Ernest Hurst. See V.T.C.A., Penal Code, Section 31.03. The record reflects that Mr. Hurst was the sole stockholder of Hurst Lumber Company, located in Beeville. We will hereinafter refer to Hurst Lumber Company only as Hurst. The appellants were tried jointly before a jury and found guilty by the jury no the first count of the indictment of the lesser included offense of misdemeanor theft.1 Joe's punishment was assessed by the trial judge at confinement in the county jail for one year and a $1,500 fine, with ""said sentence to be probated over a period of one (1) years [sic]."" Frank's punishment was also assessed by the trial judge at confinement in the county jail for one year, but the trial judge only assessed a $500 fine, with ""said sentence to be probated over a period of one (1) years [sic].""