Theft in Collin County, Texas

| Nov 2, 2010 | Criminal Defense |

According to the Thomason Court of Criminal Appeals, when combining more than one instance of theft and aggregating the amounts, it should be examined as to whether the State used the words “continuing course of conduct” or whether there is sufficient proof of the date of the theft.

The CCA determined in 1990 that because aggregated transactions are considered to be one offense, severance is not proper even if requested.  Also, an indictment for theft must allege a culpable mental state.  It must also be alleged that the defendant had the “intent to deprive the owner of the property” according to the CCA in 1978.

There are also requirements of allegation of the value and description of the property in the indictment or it may be defective.  Since theft is a crime of moral turpitude which can effect the defendant’s freedom and ability to get a job, all of these requirements must be carefully reviewed by the defendant’s lawyer.