Casey v. State , 1982 Tex. Crim. App. LEXIS 950 ( 1982 )

ODOM, Judge,

concurring.

I concur in the majority’s reasoning and conclusion that the evidence presented at trial is insufficient to show appellant committed theft under V.T.C.A., Penal Code Sec. 31.03(a) and (b)(1) as alleged in the indictment. I cannot agree, however, that this conclusion supports the disposition of reversal and remand.

Under the evidence presented the only verdict a jury could properly have returned was not guilty to the indictment. Under Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978) and Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15, the proper disposition of this appeal is to order entry of a judgment of acquittal.