Citation Codes Equivalent Citations citation codes Docket Number No. 42103. Attorney(S) Chappell McFall, by Byron Chappell, Lubbock, for appellant. Jim. D. Vollers, State's Atty., Austin, for the State. See more information ... Smart Summary Please sign up to generate summary. Herman GRANT, Appellant, v. The STATE of Texas, Appellee. OPINION ON APPELLANT'S MOTION FOR REHEARING MORRISON, Judge. Our prior opinion is withdrawn. The offense is felony theft; the punishment, three months in the county jail and a fine of $300.00. The punishment provided for felony theft by Article 1421, Vernon's Ann.P.C., is 'confinement in the penitentiary (for) not less than two nor more than ten years.' Since the punishment assessed is less than that provided by law, the judgment must be reversed. Mendez v. State, Tex.Cr.App., 379 S.W.2d 333; Russell v. State, 171 Tex.Crim. 626, 352 S.W.2d 746; Craven v. State, Tex.Cr.App., 350 S.W.2d 34; Nichols v. State, 171 Tex.Crim. R., 344 S.W.2d 694; Gilliland v. State, Tex.Cr.App., 342 S.W.2d 327; Justice v. State, 170 Tex.Crim. R., 341 S.W.2d 431; and see cases collated at 13A Tex.Dig., Criminal Law k1177. For the error pointed out, the judgment is reversed and the cause remanded.