Sandra Cheney, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals held that Texas Penal Code §§31.03 (theft) and 32.32 (false statement to obtain credit) are not in pari materia, so the conviction under the general theft statute stands. It reversed the Amarillo Court of Appeals' decision that required prosecution under the specific misdemeanor statute and remanded for further review. Justice Clinton filed a concurring opinion agreeing with the majority's analysis. The State's petition for discretionary review was granted.