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STATE v. NELMS

No. 01-89-00073-CR.

775 S.W.2d 25 (1989)

The STATE of Texas, Appellant, v. Michael Anthony NELMS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 3, 1989.

Discretionary Review Refused November 22, 1989.

Attorney(s) appearing for the Case

Bill Turner, Dist. Atty., Jeffery R. Casey, Asst. Dist. Atty., for appellant.

William W. Vance, Vance, Bruchez & Goss, P.C., Bryan, for appellee.

Before EVANS, C.J., and DUNN and MIRABAL, JJ.

DUNN, Justice.

Appellee was indicted for the offense of theft of property valued under $750, elevated by two previous theft convictions pursuant to Tex.Penal Code Ann. section 31.03(e)(4)(C) (Vernon 1989).1 Appellee filed a motion to quash the indictment, arguing that a prior misdemeanor theft used earlier to elevate another misdemeanor theft to a felony, may not be used again to elevate a subsequent...

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