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STATE v. ALLEN

No. 6-92-087-CR.

843 S.W.2d 302 (1992)

STATE of Texas, Appellant, v. Cheryl Lynette ALLEN, Appellee.

Court of Appeals of Texas, Texarkana.

Discretionary Review Granted April 7, 1993.

Attorney(s) appearing for the Case

C. Patrice Savage, Asst. Dist. Atty., Longview, for appellant.

William Jennings, Longview, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

BLEIL, Justice.

The State appeals from Cheryl Allen's conviction. The State contends that the trial court, after convicting Allen of a thirddegree felony, erred in assessing misdemeanor punishment under Tex.Penal Code Ann. § 12.44 (Vernon Supp.1993).1 We find no error and affirm.

The trial court convicted Allen of stealing about $42.00 worth of cigarettes. After enhancement, this offense is a thirddegree...

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