Theft is the unlawful appropriation of property with the intent to deprive another of the property.
A misdemeanor theft may be enhanced to a state jail felony upon evidence of two prior theft convictions. An misdemeanor enhanced to a state jail felony may not be further enhanced to a third degree felony with the use of theft state jail convictions. (It may be enhanced using non-theft offenses). Ex Parte Firo, 815 S.W.2d 568 (Tex. Crim. App. 1991), Rawlings v. State, 602 S.W.2d 268 (Tex. Crim. App. 1980). This issue was cited as a basis for habeas relief from the Court of Criminal Appeals as late as January 2013. See Ex Parte Smith, WR-78-760,01
Theft is a crime involving moral turpitude. Lahood v. State, No.14-04-00442-CR (Houston 14th COA, 2005). As a crime involving moral turpitude, a conviction or plea to theft has immigration consequences. INA 212; INA 237.