¶1concurring.
¶2I concur in the majority’s reasoning and conclusion that the evidence presented at trial is insufficient to show appellant com*888mitted 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.
¶3Under 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.