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Bozeman v. State

If an indictment uses a statutory definition to specify how a theft was committed, the state must prove the offense as charged in the indictment. Court of Criminal Appeals, No. PD-0839-11, 11-09-2011.

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OPINION

The trial court found Appellant guilty of theft and assessed punishment at 18 months’ confinement in a state jail facility. The Court of Appeals affirmed the conviction. Bozeman v. State, 340 S.W.3d 515 (Tex. App. — Texarkana 2011). Appellant has filed a petition for discretionary review contending the Court of Appeals erroneously held the State was not required to prove the theft was accomplished by deception, as alleged in the indictment. He argues there is insufficient evidence to support his conviction based on the State’s failure to present evidence of deception.

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