Joe E. Mills, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the conviction for theft over $10,000, holding that Penal Code §§31.03 and 32.46 are not in pari materia and that the State may prosecute under the broader theft statute. The court reasoned that the statutes have different purposes and that no rule requires prosecution under the statute with the lesser penalty.