Full opinion text
ONION, Justice (Retired). This appeal is taken from a conviction for the second-degree felony offense of theft of property having an aggregate value of $20,-000 or more. Act of May 27, 1985, 69th Leg.R.S., ch. 599, § 1, 1985 Tex.Gen.Laws 2244, 2245 (Tex.Penal Code Ann. § 31.03(a), (e)(5)(B), since amended); Tex.Penal Code Ann. § 31.09 (West 1994). Appellant Ther-mon Maurice Skillern was tried separately from his co-defendants because of his prior conviction. The jury found appellant guilty, and the trial court, finding the enhancement paragraph allegations to be true, assessed punishment at twenty-five years’ confinement. Appellant’s counsel on appeal advances sixteen points of error and belatedly urges a seventeenth point. Appellant first complains that the trial court erred in overruling his motion to quash the indictment because the face of the instrument showed that venue was in Harris County without allegations of justification for trying the case in Travis County. Appellant next challenges the constitutionality of Senate Bill 1685 of the 71st Legislature adding certain articles to the Texas Insurance Code because the bill contained more than one subject. Tex.Const. art. Ill, § 35(a). In two other points, appellant attacks the venue provisions of Senate Bill 1685, alleging violations of the ex post facto principles of the federal and state constitutions. Four points of error address evi-dentiary rulings by the trial court. Another five points attack the trial court’s charge to the jury. Three other points challenge the sufficiency of the evidence to sustain the conviction. Lastly, appellant urges consideration of a supplemental point of error claiming that a prior conviction alleged and used for enhancement of punishment was void as a matter of law. We will affirm the conviction. BACKGROUND The facts of this complex white-collar theft case found in this voluminous 2,000 page record are not easily summarized. We shall set forth such facts as are necessary to place the points of error in proper perspective. Other facts will appear in the discussion of the various points of error. Greed is the name of the scenario. Few actors appeared on stage with clean hands. Many even had dirt under their fingernails. We view the evidence in the light most favorable to the jury’s verdict. Appellant and a co-defendant, Louis Harris, president of American Teachers Life Insurance Company, caused the insurance company to issue approximately 131 single-premium immediate annuities each with a face value of $100,000 without the annuities being funded. Seventy-five of these annuities later become important to the facts of the instant case. When an insurance company issues a single-premium immediate annuity, the total premium is collected upon issuance, and the insurance company assumes a corresponding liability on its books. Such an annuity constitutes a representation on the part of the insurance company that it has received $100,000 from the annuity holder. The evidence credits appellant with the plan to issue the unfunded annuities, which were designed to enhance the financial standing of the insurance company. Appellant “sold” or had his associates “sell” these annuities to friends, relatives, and employees of the insurance company without collecting any premiums. Each annuitant was led to believe that he or she would receive a $100,000 retirement fund without cost and an additional free life insurance policy. No money exchanged hands during these transactions. Each annuitant signed a $90,000 promissory note to appellant’s corporation, General Mercantile Finance Company. This left the impression that each annuitant had paid $10,000 in cash and borrowed $90,000 from appellant’s finance company. Under the terms of the promissory note, each annuitant pledged the $100,000 annuity as collateral for indebtedness to the finance company. Each annuitant also signed a second promissory note to cover the cost of the additional life insurance policy. The annuitants were led to believe that somehow the first promissory notes would be sold and the interest earned would be used to make all necessary payments on the notes without any cost to them. Then, from the wings, co-defendant Ray Rankin approached center stage. As president of Energy Impact Company, Rankin was eager to improve the financial standing of his company. He knew of appellant’s plan, and he was acquainted with Bruce McLain, president of Premier Bank, whom he knew was seeking greater capitalization for the bank. Here the plot thickens. Rankin conferred with McLain and introduced him to appellant. Eventually over a period of time, Premier Bank purchased at a discount 75 of the first promissory notes secured by the annuities. The bank officials reasoned that the annuities were good collateral because they could not have been issued without complete funding and were redeemable upon demand. Specific assurances were given to the bank officials that the annuities had been funded. Appellant never informed the bank officers that the annuities were not funded. Premier Bank paid a total of $5,175,000 for the notes. Appellant received income producing real property worth $2,100,000 as partial payment. The deeds named Gulf States Corporation, one of appellant’s companies as grantees. The bank paid the balance in cash to the General Mercantile Finance Company, which paid $2,000,000 to Energy Impact, which in turn sent $2,000,000 back to Premier Bank in exchange for personal promissory notes from McLain and some members of the bank’s board of directors enabling them to purchase bank stock and aid the bank in its recapitalization. Like the United States cavalry, the federal bank examiners arrived on stage near the end of the melodrama, viewing with disdain the evil they uncovered. The bank examiners found that the annuities had never been funded and so informed McLain. The State Board of Insurance was also advised. It began its own investigation of the insurance company. The sound of the feet moving across the stage became deafening. Appellant met with Rankin and McLain. In an effort to cover the missing premiums, appellant wrote approximately fourteen million dollars in checks drawn on his General Mercantile Finance Company account payable to American Teachers Life Insurance Company. Appellant did not have the funds to cover these checks. They were never negotiated. However, Louis Harris, co-defendant and president of the insurance company, endorsed the checks over to the Madison County Land Company, another of appellant’s companies. In return, appellant had the land company give the insurance company 104 first lien mortgage loan notes on nonexistent greenhouses (referred to as “growth chambers”) in Madison County. These worthless notes were .listed as assets on the insurance company books at face value. The examiners quickly determined that these notes were worthless. Appellant also hastened to send the bank a cheek for over six million dollars which was never negotiated. The State traced the money from the Premier Bank into the bank account of General Mercantile Finance Company. It then showed twenty withdrawals from this account by appellant on various dates for personal use such as the purchase of luxury ears and the payment of personal debts. Appellant’s expenditure of approximately $930,000 was alleged to be the money taken from the bank and insurance company. Given this general background of this complex affair, we now turn to appellant’s points of error. MOTION TO QUASH INDICTMENT In point of error one, appellant contends that: The trial court erred in denying appellant’s motion to quash the indictment for the reason that the indictment, on its face, shows that the venue of this case is in Harris County, not Travis County, and that said indictment fails to allege either factual or legal justification for returning this indictment in Travis County, thus rendering the Travis County prosecution voidable, and requiring the conviction to be reversed and dismissed. The first count of the indictment alleged a felony theft of the second degree where the value of the property (United States currency) unlawfully appropriated (with the intent to deprive the owner of the property) was of the aggregated value of $20,000 or more under the penal statutes in effect at the time of the commission of the offense. The alleged owners were American Teachers Life Insurance Company and Premier Bank. The indictment averred that consent was induced “by deception, namely, said defendants created and confirmed by words and conduct, a false impression of fact, not believing it to be true that was likely to affect and did affect the judgment of said owner [sic] in the transactions.” There were further allegations that the property was obtained pursuant to one scheme and continuing course of conduct. The offense was alleged to have occurred in Harris County, but the indictment was returned by a Travis County grand jury into a Travis County district court. The indictment also alleged that the offense occurred while the named defendants “were engaged in the business of insurance.” In his motion to quash, appellant argued that count one of the indictment was “defective because it fails to show the place where the offense was committed is within the jurisdiction of this court.” Appellant cited articles 13.18 and 21.02(5) of the Texas Code of Criminal Procedure in support of his contention. Article 13.18 provides: “If venue is not specifically stated, the proper county for the prosecution of offenses is that in which the offense was committed.” Tex.Code Crim. Proc.Ann. art. 13.18 (West 1977). Article 21.02(5) provides: “An indictment shall be deemed sufficient if it has the following requisites: (5) it must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented.” Tex.Code Crim.Proc.Ann. art. 21.02(5) (West 1989). Article 13.18 is applicable only “if venue is not specifically stated.” Article 21.79B of the Texas Insurance Code provides that any person who violates a penal provision of that code or the penal code while engaged in the business of insurance may be prosecuted in Travis County or in a county where prosecution is authorized by the Code of Criminal Procedure. Tex.Ins.Code Ann. art. 21.79B(a) (West Supp.1994). Appellant’s reliance upon article 13.18 is misplaced. Article 21.02(5) must be read with the understanding that there is a distinct difference between “jurisdiction” and “venue.” Jurisdiction concerns the authority or the power of the court to try a case. District courts have the authority to try felony cases in this State. Tex.Const. art. V, § 8; Fairfield v. State, 610 S.W.2d 771, 779 (Tex.Crim.App.1981). Venue means the place where the ease may be tried. Martin v. State, 385 S.W.2d 260, 261 (Tex.Crim.App.1964). The fact that venue does not lie in a particular district court does not mean that the court has no jurisdiction of the offense. Boyle v. State, 820 S.W.2d 122, 139 (Tex.Crim.App.1991), cert. denied, — U.S. -, 112 S.Ct. 1297, 117 L.Ed.2d 520 (1992); Ex parte Watson, 601 S.W.2d 350, 351 (Tex.Crim.App.1980); Etchieson v. State, 574 S.W.2d 753, 759 (Tex.Crim.App.1978), cert. denied, 440 U.S. 936, 99 S.Ct. 1282, 59 L.Ed.2d 495 (1979). Venue, proper or not, does not affect the power of a district court to hear and determine a felony case. Fairfield, 610 S.W.2d at 799. The instant motion to quash urged that the indictment was defective for failure to allege that the place of the commission of the offense was “within the jurisdiction of the court.” The district court had jurisdiction of the felony offense charged, and the indictment alleged the commission of the offense occurred in Harris County. A charging instrument generally need only allege the county in which the offense was committed. Pinkerton v. State, 660 S.W.2d 58, 63 (Tex.Crim.App.1983). Under any circumstances, this point of error is far more expansive than the allegations of the motion to quash in claiming that the indictment failed to allege either factual or legal justification for returning the indictment in Travis County. A claimed error on appeal must comport with the objection at trial or nothing is presented for review. Turner v. State, 805 S.W.2d 423, 431 (Tex.Crim.App.), cert. denied, 502 U.S. 870, 112 S.Ct. 202, 116 L.Ed.2d 162 (1991); Sterling v. State, 800 S.W.2d 513, 521 (Tex.Crim.App.1990), cert. denied, 501 U.S. 1213, 111 S.Ct. 2816, 115 L.Ed.2d 988 (1991); Adams v. State, 862 S.W.2d 139, 147 (Tex.App.—San Antonio 1993, pet. refd). A trial objection stating one legal basis may not be used to support a different legal theory on appeal. Rezac v. State, 782 S.W.2d 869, 870 (Tex.Crim.App.1990). Therefore, appellant did not preserve this argument for review. However, even if we consider the substance of appellant’s argument, the argument fails. Article 21.06 of the Texas Code of Criminal Procedure provides: When the offense may be prosecuted in either of two counties, the indictment may allege the offense to have been committed in the county where the same is prosecuted or in any county or place where the offense was actually committed. Tex.Code Crim.Proc.Ann. art. 21.06 (West 1989). The constitutionality of this statute has been upheld under the Sixth and Fourteenth Amendments to the United States Constitution and article I, section 10 of the Texas Constitution. Wilson v. State, 825 S.W.2d 155 (Tex.App.—Dallas 1992, pet. refd). If an offense may be prosecuted in two or more counties, it is permissible to allege that the offense was committed in the county of prosecution or in any county where the offense was actually committed. Rushing v. State, 546 S.W.2d 610, 611 (Tex.Crim.App.1977); Glenn v. State, 779 S.W.2d 466, 467 (Tex.App. — Tyler 1989, pet. refd); Chavez v. State, 721 S.W.2d 508, 509 (Tex.App.— Houston [14th Dist.] 1986, no pet.). In Rushing, the court rejected the defendant’s contention that the indictment was defective because it alleged the site of the robbery as being in Dallas County rather than within 400 yards of Dallas County. 546 S.W.2d at 611; see Tex.Code Crim.Proc.Ann. art. 13.04 (West Supp.1984). Likewise, in Wilson, the indictment simply alleged the offense occurred in Dallas County. The proof showed Tarrant County, but within 400 yards of Dallas County. The validity of the indictment was upheld. The court concluded that there was no requirement that the indictment justify the allegation of Dallas County. 825 S.W.2d at 159. Venue is not a “criminative fact” and it is not a constituent element of the offense. Fairfield, 610 S.W.2d at 779; Wilson, 825 S.W.2d at 160; Glenn, 779 S.W.2d at 469. The instant indictment alleged and the proof showed that the offense occurred in Harris County. All Texas district courts have jurisdiction over felonies. Tex. Const, art. V, § 8. Thus, the Travis County district court, as a matter of law, had jurisdiction over the felony charged. Moreover, the State alleged unnecessarily that appellant and his co-defendants were “engaged in the business of insurance,” apparently in order to show a basis for returning the indictment in Travis County. See Tex.Ins.Code Ann. art. 21.79B (West Supp.1994). We conclude, under the circumstances, that the trial court did not err in overruling the motion to quash the indictment. Point of error one is overruled. CONSTITUTIONALITY OF INSURANCE CODE In point of error two, appellant contends that: Senate Bill # 1685 of the 1989 Texas Legislature, which created [Insurance Code] Articles 21.79A, 21.79B and 21.79C, is unconstitutional and void under the provisions of Article III, § 35(a), Texas Constitution, for the reason that Senate Bill # 1685 contains more than one subject. Appellant candidly admits that this issue was not raised in the trial court, but claims that the constitutionality of a statute may be raised for the first time on appeal. See Rabb v. State, 730 S.W.2d 751, 752 (Tex.Crim.App.1987); Garza v. State, 822 S.W.2d 174, 175-76 (Tex.App. — San Antonio 1991, no pet.); Garza Garza v. State, 788 S.W.2d 651, 656 n. 1 (Tex.App. — Corpus Christi 1990, no pet.); see also Black v. State, 816 S.W.2d 350, 370 (Tex.Crim.App.1991); Casares v. State, 768 S.W.2d 298, 299 (Tex.Crim.App.1989). In determining a statute’s constitutionality, we must begin with a presumption of the statute’s validity. Faulk v. State, 608 S.W.2d 625, 630 (Tex.Crim.App.1980); Ely v. State, 582 S.W.2d 416, 419 (Tex.Crim.App.1979); Wilson, 825 S.W.2d at 158. We presume that the legislature did not act unreasonably or arbitrarily in enacting the statute and that it had due regard for constitutional requirements. Ex parte Granviel, 561 S.W.2d 503, 511 (Tex.Crim.App.1978); Mohammad v. State, 814 S.W.2d 137, 140 (Tex. App. — Houston [14th Dist.] 1991), aff'd, 830 S.W.2d 953 (Tex.Crim.App.1992). It is appellant’s burden to show that the statute is unconstitutional. Granviel, 561 S.W.2d at 511; Robinson v. Hill, 507 S.W.2d 521, 524 (Tex.1974). Every reasonable intendment and presumption is made in favor of the constitutionality and validity of the statute until the contrary is clearly shown. Before a legislative act will be set aside, it must clearly appear that its validity cannot be supported by any reasonable intendment or allowable presumption. Granviel, 561 S.W.2d at 511. Constitutional issues will not be decided upon a broader basis than the record requires. State v. Garcia, 823 S.W.2d 793 (Tex.App. — San Antonio 1992, pet. ref'd). Appellant relies upon Article III, section 35(a) of the Texas Constitution which provides: No bill, (except general appropriation bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated) shall contain more than one subject. Tex. Const, art. Ill, § 35(a). The history and purpose of article III, section 35(a) has been set forth in the interpretative commentary to that constitutional provision in Vernon’s Annotated Texas Constitution, and in Robinson v. Hill, 507 S.W.2d 521, 524 (Tex.1974). We need not reiterate those discussions. One purpose of the one-subject rule is to prevent the legislative practice of “logrolling,” which refers to “the inclusion in a bill of several subjects having no connection with each other in order to create a combination of various interests in support of the whole bill.” LeCroy v. Hanlon, 713 S.W.2d 335, 337 (Tex.1986); State Board of Insurance v. National Employees Benefit Administrators, Inc., 786 S.W.2d 106, 108 (Tex.App. — Austin 1990, no writ). Liberal construction will be applied in determining whether a statute violates the constitution by containing more than one subject. Dellinger v. State, 115 Tex.Crim. 480, 28 S.W.2d 537, 539 (App.1930); Babcock v. State, 668 S.W.2d 857, 862 (Tex.App. — Austin 1984, writ refd n.r.e.); Bass v. State, 666 S.W.2d 113, 115 (Tex. App. — Beaumont 1982), aff'd, 661 S.W.2d 954 (Tex.Crim.App.1983). A bill does not violate the one-subject rule simply because it contains several provisions. LeCroy, 713 S.W.2d at 337. The title to the bill need only state the general subject; it need not explain the details. Robinson, 507 S.W.2d at 525. Where the provisions of the statute are germane in any degree, the bill will not be declared unconstitutional because it contains more than one subject. Dellinger, 28 S.W.2d at 539. A “statute will not be held unconstitutional where its provisions relate directly or indirectly, to the same general subject, have a mutual connection, and are not foreign to the subject expressed in the title.” Robinson, 507 S.W.2d at 524-25. Articles 21.79A, 21.79B and 21.79C were added to the Texas Insurance Code in 1989. Act of June 14, 1989, 71st Leg., R.S., ch. 662, § 1, 1989 Tex.Gen.Laws 2176, 2177. The title or caption of Senate Bill 1685, which resulted in the addition of the enumerated articles to the Insurance Code, provided: “An act relating to the misapplication of property by persons engaged in the business of insurance and the venue for criminal prosecution of persons engaged in the business; providing criminal penalties.” Article 21.79A defined the offense of misapplication of property by persons engaged in the business of insurance. Article 21.79B provides that a person who violates a penal provision of the Insurance Code or a provision of the Penal Code while engaged in the business of insurance may be prosecuted in a court of competent jurisdiction in Travis County or in a county in which prosecution is authorized under the Code of Criminal Procedure. Article 21.79C provides that a person who commits an offense under the Insurance Code may be prosecuted under the code or any other applicable penal statute. Appellant submits that S.B. 1685 contains at least two, and possibly three, separate subjects. Appellant urges that the multiple subjects in the Ml are: Subject # 1 — A new offense, i.e., “misapplication of insurance related property” is created, with appropriate penalties attached. Subject # 2 — A venue provision is created for these “insurance related” crimes. Subject #3 — An amendment is made to Chapter 13, Texas Code of Criminal Proee-dure, which purports to apply to all Texas Penal Code offenses. Appellant acknowledges that it is appropriate for the legislature to create a new offense within the Insurance Code and to provide penalties for the commission of that offense; however, appellant questions the priority of the same bill adding a venue provision. Appellant argues that legislative “provisions for Venue’ and the creation of ‘new crimes’ are totally different and separate subjects which should not be contained in the same bill of any legislative enactment.” Appellant cites no authority and we do not find his argument persuasive. The statute is presumed to be valid. An examination of the individual parts of S.B. 1685 reveal that they are germane to one another and germane to a common general subject. The parts have a mutual connection and are not foreign to the subject expressed in the title of the bill. See Robinson, 507 S.W.2d at 524-25. Appellant additionally argues that article 21.79B of S.B. 1685 directly amended Chapter 13 of the Texas Code of Criminal Procedure. He argues that the bill amended another statutory code while purporting to amend only the Texas Insurance Code, thereby violating article III, section 35(a). Senate Bill 1685 does not purport to and does not amend the Texas Code of Criminal Procedure. There is no requirement, however desirable, that all venue provisions relating to criminal prosecutions be found in the Code of Criminal Procedure. There are numerous special venue statutes, 22 Tex.Jur.3d Criminal Law § 1933 at 77 (1982), and not all are found in the Code of Criminal Procedure. See, e.g., Tex.Gov’t Code Ann. § 572.008 (West 1994). Appellant has cited no authority to support his position, and we have found none. Point of error two is overruled. In his third and fourth points of error, appellant contends that his prosecution in Travis County was erroneous because the venue provisions of article 21.79B of the Texas Insurance Code are unconstitutional as applied to him in violation of the ex post facto principles of Article I, section 10, of the United States Constitution and Article I, section 16, of the Texas Constitution. If it can be validly argued that appellant has preserved his contentions for appellate review, the question presented is whether the application of the venue provisions of article 21.79B to the instant felony prosecution involves one of four types of legislation that implicates the ex post facto provisions of our constitutions. See U.S. Const. art. I, § 10; Tex.Const. art. I, § 16. The types of legislation that implicate the ex post facto provisions of the constitutions are: (1) every law that makes an action done before passing of the law, and which was innocent when done, criminal; (2) every law that aggravates a crime and makes it greater than it was when committed; (3) every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed; and (4) every law that alters the legal rules of evidence and requires less or different evidence than the law required at the time of the commission of the offense in order to convict an offender. Collins v. Youngblood, 497 U.S. 37, 42, 110 S.Ct. 2715, 2719, 111 L.Ed.2d 30 (1990); French v. State, 830 S.W.2d 607, 608 (Tex.Crim.App.1992); Grimes v. State, 807 S.W.2d 582, 586 (Tex.Crim.App.1991); Weston v. State, 870 S.W.2d 197, 198 (Tex.App. — Fort Worth 1994, no pet.). The venue provisions of article 21.79B of which appellant complains do not fall within the categories above. Venue is the place where the case is to be tried. Martin, 385 S.W.2d at 261. Laws that do not amend substantive law by defining criminal acts or providing for penalties are procedural in nature. Ex parte Johnson, 697 S.W.2d 605, 607 (Tex.Crim.App.1985); Carter v. State, 813 S.W.2d 746, 747 (Tex.App.— Houston [1st Dist.] 1991, no pet.). Procedure “refers to changes in the procedures by which a criminal case is adjudicated as opposed to changes in the substantive law of crimes.” Youngblood, 497 U.S. at 45—46, 110 S.Ct. at 2720-21; Ex parte Scales, 853 S.W.2d 586, 588 (Tex.Crim.App.1993). Procedural statutes control pending litigation from their effective date, absent an express provision to the contrary. Wade v. State, 572 S.W.2d 533, 534 (Tex.Crim.App.1978); Medina v. State, 828 S.W.2d 268, 272 (Tex.App.— San Antonio 1992, no pet.); Freeman v. State, 786 S.W.2d 56, 58 (Tex.App. — Houston [1st Dist.] 1990, no pet.). Even though it may be disadvantageous to a defendant, a procedural change is not ex post facto. Dobbert v. Florida, 432 U.S. 282, 293, 97 S.Ct. 2290, 2298, 53 L.Ed.2d 344 (1977). By labeling a law “procedural,” however, a legislature does not thereby immunize it from scrutiny as an ex post facto law. Subtle ex post facto violations are no more permissible than overt ones; but the prohibition, to be avoided is the one defined by the categories described in Youngblood, 497 U.S. at 42, 46, 110 S.Ct. at 2719, 2721. Appellant and the State both agree that the allegation “while engaged in the business of insurance” was taken from the language of article 21.79B(a) and used to explain venue in Travis County. Appellant urges, however, that the language created another element of the felony theft offense of which he was convicted, rendering article 21.79B(a) an ex post facto law as applied to him. We disagree. Appellant further contends that the Texas constitutional provision in article I, section 16 prohibiting “retroactive legislation” was violated. This provision has never been applied to statutes merely affecting matters of procedure that do not disturb vested, substantial rights. Grimes, 807 S.W.2d at 587. The venue provisions of article 21.79B(a) do not violate the “retroactive legislation” provision of Article I, section 16. Appellant had no vested right to have the case tried in Harris County. Cf. Tex. Code Crim.Proc.Ann. arts. 13.08,13.18 (West 1977). We find no constitutional error. Points of error three and four are overruled. BANK FAILURE In point of error five, appellant complains that the trial court erred in admitting, over objection, the fact that Premier Bank, one of the alleged owners, had “closed.” Appellant urges that the evidence implied that appellant’s action had precipitated the bank failure and was highly prejudicial and without probative value. Bruce McLain was president of Premier Bank at the times in question. During direct examination he made no mention of the bank’s closure. On cross-examination by appellant, McLain testified that the individual files on the single-premium immediate annuities in question were complete when they were in his possession at Premier Bank. His examination of the files at trial, however, showed that only one file that was still complete. Many of the other files had documents missing. Later, outside the jury’s presence, the prosecutor stated that he intended to ask McLain about the closure or failure of the bank on March 31, 1989. The prosecutor urged that appellant had “opened the door” to the limited inquiry sought; that appellant had left the distinct impression that the files were incomplete for unknown reasons; that the missing documents were not the fault of either the district attorney’s office or the witness McLain; and that the files were complete up to March 31, 1989, when the regulators (FDIC) took control of the bank. The prosecutor urged that everyone knows “what happens when an independent regulatory agency takes over. The documents go here and there.” Appellant objected on the basis that the evidence would be hearsay and prejudicial. The objection was overruled. The trial court concluded that the door had been opened and that the witness could testify as to the specific date the regulators took control of the bank. To perfect a bill of exception, appellant offered defense exhibit nine to the court, a bank examiner’s report detailing a number of reasons for the bank’s failure. All of this was made part of the record outside the jury’s presence. Subsequently on re-direct examination before the jury, McLain was asked: Q: I’d like to ask you to tell the jury what happened at 5 o’clock on March 31st, 1989. A: Premier Bank was closed. MR. RAMSEY [defense counsel]: Your Honor, I will object — I don’t mean to interrupt the witness. MR. LANE [prosecutor]: I don’t have a question pending. MR. RAMSEY: All right. Your Honor, I would object to that. That is a hearsay event prejudicial to the record. It has to do with regulatory activity that has nothing to do with this trial or that has very little to do with this trial. I bottom that objection upon the exhibit I have shown the Court out of the presence of the jury and suggest that the prejudicial impact is greater than the probative value and that the event is a hearsay event so far as reasons for the closure is concerned. I invite the Court’s attention again to what was made out of the presence of the jury an exhibit; that is, Defense Exhibit No. 9, being the final report. And for those reasons, Your Honor, I object and ask that the jury be instructed to disregard the answer given by the witness. THE COURT: Approach the bench. (Whereupon the following proceedings were had at the bench): THE COURT: As I understand it his testimony was the bank was closed and he was president; is that correct? MR. LANE: That’s correct. Thereafter, the trial court overruled the objection, did not instruct the jury to disregard the question or answer, and denied the mistrial motion. The interrogation about the bank’s closure was not pursued and was not mentioned in oral argument by either party. When the defendant “opens the door” on an issue by attempting to present an incomplete picture of an incident, the State is permitted to complete the picture by presenting evidence that would have otherwise been inadmissible. Lucas v. State, 791 S.W.2d 35, 53, 54 (Tex.Crim.App.1989); Green v. State, 831 S.W.2d 89, 94 (Tex.App. — Corpus Christi 1992, no pet.); see also Kuczaj v. State, 848 S.W.2d 284, 296 (Tex.App. — Fort Worth 1993, no pet.). In Green, the defendant on cross-examination of Officer Torres, questioned the degree of force used by Torres in making the arrest, implying that Torres “had it in” for the defendant. It was held that the defendant opened the door for the State to show the true reason the officer used forceful measures. Id. 831 S.W.2d at 94. We pause to note that it is well established that evidence used to explain a matter need not be ordinarily admissible.” Lucas, 791 S.W.2d at 53. Questions of relevance should be left largely to the trial court, relying on its observations and experience, and a conviction will not be reversed absent an abuse of discretion. Moreno v. State, 858 S.W.2d 453, 463 (Tex.Crim.App.), cert. denied, -U.S. -, 114 S.Ct. 445, 126 L.Ed.2d 378 (1993). Error may not be predicated upon a ruling admitting evidence unless a substantial right of the party is affected. Tex.R.Crim.Evid. 103(a). If there was error in the admission of the evidence, it was harmless error under the test of Rule 81(b)(2). See Tex.R.App.P. 81(b)(2); Harris v. State, 790 S.W.2d 568 (Tex.Crim.App.1989). Point of error five is overruled. FEDERAL TEXAS LIENS In point of error six, appellant contends that the “trial court erred in overruling appellant’s objection to the State’s presentation as to evidence concerning the reasons and details as to appellant’s tax debt to the Internal Revenue Service, where such evidence was irrelevant, immaterial and highly prejudicial to the facts of this case.” In establishing its case, and in an attempt to show intent and motive, the State traced the money from Premier Bank into the bank account of General Mercantile Finance Company, which was controlled by appellant. The State then showed appellant’s personal use of the money to buy luxury cars and to pay past indebtedness. An attorney testified that appellant paid his legal fees of $1,500 in January 1989, and appellant’s ex-wife related that appellant paid her $98,000 in December 1988 for the settlement of a claim she had against him. Ben Lee Cook, an agent for the Internal Revenue Service, was then called as a State’s witness. During Cook’s testimony, but outside the jury’s presence, the State offered certified records from the office of the Harris County Clerk, each entitled “Certificate of Release of Federal Tax Lien.” See Tex.R.Crim.Evid. 902(1). Appellant made clear then, as he does now, that he had no objection to evidence that he paid taxes due to I.R.S., but he did object to evidence that federal tax liens were imposed. He contended then that such evidence was prejudicial and not relevant. The objections were overruled. The three exhibits or certificates were introduced and published to the jury. Cook testified that the exhibits represented the release on January 18, 1989, of federal tax Kens against appeKant. Much of Cook’s testimony came from the face of the exhibits. The trial court overruled appeKant’s objections when Cook explained that the taxes, “1040” and “941,” reflected on the exhibits were personal income tax and an employment tax (social security) withholding. Cook also testified as to when the taxes accrued and that appeKant had paid $10,289.51, $13,551.60 and $14,-411.81 to satisfy income tax Kens and $60,-981.06 for the release of the employment tax, aK of which the certificates reflected. In his point of error, appeKant urges that the trial court erred in overruling an objection “concerning the reasons and detaüs” as to his tax debt. He has not pointed out where this specific objection was made if independent of his “prejudicial” and relevancy objections. We have found no such specific objection. See Thomas v. State, 723 S.W.2d 696, 700 (Tex.Crim.App.1986) (holding that the complaint on appeal must comport with the trial objection). AppeKant expressly bases his argument on appeal on Rules 401, 402, and 403 of the Texas Rules of Criminal Evidence. Evidence is “relevant” if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Tex.R.Crim.Evid. 401. GeneraKy, aK relevant evidence is admissible. See Tex.R.Crim.Evid. 402. The approach under Rule 403 is to admit relevant evidence unless the probative value is substantially outweighed by the danger of unfair prejudice to a defendant. Tex.R.Crim.Evid. 403; Crank v. State, 761 S.W.2d 328, 342 n. 5 (Tex.Crim.App.1988). Rule 403 favors the admissibiKty of relevant evidence and the presumption is that relevant evidence wiK be more probative than prejudicial. Montgomery v. State, 810 S.W.2d 372, 389 (Tex.Crim.App.1990) (op. on reh’g). The State urges that the evidence was relevant and admissible to show intent and motive in this complex, white-coKar theft case and necessary to show the context of the offense. Evidence of the context of the offense is almost always admissible so that a jury may have the offense placed in its proper setting so that aK evidence may be reaKs-ticaKy evaluated. Mann v. State, 718 S.W.2d 741, 744 (Tex.Crim.App.1986), cert. denied, 481 U.S. 1007, 107 S.Ct. 1633, 95 L.Ed.2d 206 (1987); Rodriguez v. State, 871 S.W.2d 312, 316 (Tex.App. — Amarillo 1994, no pet.). Upon objection, the trial court performed the balancing act under Rule 403 and determined that the evidence was admissible. Questions of relevance should be left largely to the trial court relying upon its own observations and experience, and its decision wiK not be reversed absent an abuse of discretion. Moreno, 858 S.W.2d at 463. Finding no abuse of discretion in the admission of evidence, point of error six is overruled. CROSS-EXAMINATION AppeKant presents his points of error seven and eight in the foKowing form: Point of error seven The trial court erred in their [sic] overruling appeKant’s objections to the cross-examination of defense witness Rentea on the grounds that the State improperly impeached with evidence of an alleged collateral civil judgment, conducted in some unknown prior litigation, where the prosecution asserted that the prior extraneous civil judgment was “evidence” of the defense witness’ unreliable opinion testimony. Point of error eight The trial court violated Rule 612(b), Texas Rules of Evidence, by failing to require the State to produce for appellant’s counsel’s examination, the extrinsic evidence supporting the collateral civil judgment used by the State to impeach defense witness Rentea, over appellant’s objection that he was being denied the ability to “cross-examine and confront” this alleged extrinsic evidence. Our examination of the record shows that the complaints on appeal in points of error seven and eight do not comport with the trial objections and present nothing for review. Thomas, 723 S.W.2d at 700. The sole defense witness, Bogdan Rentea, was called and qualified as an expert witness in the field of insurance regulatory law. Rentea, an attorney, had been retained by American Teachers Life Insurance Company during some of its difficulties with the insurance board examiners beginning in September or October 1988. Appellant urges on appeal that Rentea was clearly qualified to provide an opinion concerning “the validity of appellant’s position with regard to this insurance premium financing plan.” On direct examination, Rentea testified that as to the first hen promissory notes of the Madison County Land Company (commercial growth chamber packages) were in his opinion, “admissible assets” under the Insurance Code and applicable caselaw. He related that he had done “a lot of legal research” to determine if the position he was going to take in various hearings was sustainable in law and in fact. The record then reflects: Q: And in your opinion, were they? A: Those are the arguments I made to the courts. Yes. Q: And that is your opinion now? A: Yes, it is. On cross-examination, Rentea was asked if the insurance company was having solvency problems. He answered in part and the record shows: A: ... But I can’t say that I know for a fact that they had solvency problems. I mean that the determination that [was] ultimately made, of course. Q: Yes. And the determination by the way, that was ultimately made [by] a judge in this county is that the company was insolvent; is that correct, Mr. Rentea? Appellant objected to the question on the basis of hearsay, denial of confrontation, and “prejudicial value as far as 403 is concerned.” The objection was overruled. Appellant directs our -attention to this question as a source of error. The prosecutor, however, moved off to other questions, and the particular question was never answered. Subsequently, the prosecutor asked: “And in the course of your representation of American Life Insurance Company, is it not true, Mr. Rentea, that the judge rejected your opinion on the admissibility of these notes— these loans you have been examining here in the courtroom today?” Appellant objected to the question on the basis that what had occurred in another trial, on different issues had nothing to do with the instant case. The jury was removed and appellant further objected on the basis of hearsay and that the “civil litigation should not be addressed within the four corners of this cause.” The objections were overruled. Rentea subsequently admitted that another trial court had rejected his arguments concerning the admissibility of the growth chambers notes. “Civil Rule 611/Criminal Rule 610 recognizes the centrality of cross-examination in the adversary system, sanctioning the use of leading questions and attacks upon credibility.” 1 Steven Goode, Olin G. Wellborn III, & M. Michael Sharlot, Guide To The Texas Rules of Evidence: Civil and Criminal, § 611.4 at 621 (Texas Practice 2d ed. 1993). The State’s right to cross-examine a witness is required for accurate determination of guilt and in order to prevent fraud upon the court. Keller v. State, 662 S.W.2d 362, 364 (Tex.Crim.App.1984). Generally, impeachment on a collateral issue is not permissible. Ramirez v. State, 802 S.W.2d 674, 675 (Tex.Crim.App.1990). An exception exists, however, when the witness “opens the door” by raising a collateral matter on direct examination. Then, impeachment is permissible. Hammett v. State, 713 S.W.2d 102, 105 n. 4 (Tex.Crim.App.1986). The door was opened when Rentea stated that he had offered his opinion “to the courts,” implying that his opinion was legally acceptable. The State had the right to cross-examine as it did. No formal civil judgment was used in the impeachment process. Appellant’s appellate complaints do not comport with his trial objections. Points of error seven and eight are overruled. JURY INSTRUCTION In his ninth point of error, appellant contends that: The trial court erred in overruling appellant’s objection to the Court’s charge on the grounds that the Court’s application of the law to the facts, wherein the Court instructed on the law of parties was erroneous, where the court instructed that appellant was “either acting alone or with another as a party to the offense,” without specifically applying the facts of this case to the application of the parties’ charge. In the abstract or definitional portion of the charge, the trial court instructed the jury on the law of parties as follows: A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. (1) A person is criminally responsible for an offense committed by the conduct of another if acting with the kind of culpability required for the offense, he causes or aids an innocent or nonres-ponsible person to engage in conduct prohibited by the definition of the offense; or (2) A person is criminally responsible for an offense committed by the conduct of another if acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense. In pertinent part, the trial court charged the jury in the application paragraph: Now bearing in mind the foregoing instructions, if you find and believe from the evidence beyond a reasonable doubt that the Defendant, Thermon Maurice SMllern, either acting alone or with another as a party to the offense, as that term is herein-before defined, while engaging in the business of insurance, on or about the following dates, in Harris County, Texas, intentionally or knowingly appropriated property by acquiring or otherwise exercising control over property, namely United States currency, with intent to deprive the owner of the property and without the effective consent of the owner, American Teachers Life Insurance Company or Premier Bank, said consent being induced by deception, namely, said defendant either acting alone or with another as a party to the offense, created by words or conduct, a false impression of fact, that was likely to affect and did affect the judgment of said owner in the transactions. The property, if any, was appropriated in the following amounts and on the following dates: Appellant’s objection to the foregoing application paragraph of the court’s charge was: MR. AMANN: Your Honor, moving on to Heading III, which is the application paragraph, I would object to that portion of the charge which talks in terms of parties and simply states with respect to parties “as that term is hereinbefore defined.” There is no specific application of the law of parties in this case made applicable to the facts. We don’t know under which one or two we’re proceeding, and there’s no application with respect to one or two in the definition of “parties” as those definitions apply to the facts. We don’t know with any certainty what facts are sought to be implied for those abstract definitions of “parties.” There is no clear and unambiguous application of the law to the facts with respect to the definition of parties in that paragraph, Judge. I don’t think by simply saying “as parties as hereinbefore defined” gets us there. I think when we bring parties into the case, you ought to have in front of the specific facts how the party charge relates to those specific facts. I, therefore, believe that this application paragraph is deficient for two reasons. It does not adequately apply the law to the facts in the general sense, and it certainly does not apply the law of parties to the specific facts in this case. (Emphasis added). A defendant’s objection to the court’s charge should “distinctly” specify each ground of objection. Tex.Code Crim.Proc. Ann. art. 36.14 (West Supp.1994). “The purpose of this rule is to enable the trial judge to know in what respect the defendant regards the charge as defective and to afford him an opportunity to correct it before reading the charge to the jury.” Seefurth v. State, 422 S.W.2d 931, 936 (Tex.Crim.App.1967). The major thrust of appellant’s objection was that the instruction was defective because “we don’t know under which one or two we’re proceeding,” a reference to the abstract or definitional portion of the charge. On appeal, appellant now complains that (1) the instruction was deficient because it allowed the jury to convict if it found appellant acted “alone”; (2) that the named co-defendants, Rankin and Harris, should have been named in the application paragraph; and (3) eight other individuals should have also been named in the application paragraph. Complaints on appeal that do not comport with trial objections do not present anything for appellate review. Nelson v. State, 86S.W.2d 496, 499 (Tex.Crim.App.1993), cert. denied, — U.S. -, 114 S.Ct. 1338, 127 L.Ed.2d 686 (1994); Cook v. State, 858 S.W.2d 467, 469 (Tex.Crim.App.1993); Turner v. State, 805 S.W.2d 423, 431 (Tex.Crim.App.), cert. denied, — U.S. -, 112 S.Ct. 202, 116 L.Ed.2d 162 (1991); Thomas, 723 S.W.2d at 700. As to the general validity of the use of the phrase “either acting alone or as a party, as that term has been defined” in the application paragraph of a charge in connection with the law of parties, see Chatman v. State, 846 S.W.2d 329 (Tex.Crim.App.1993). Point of error nine is overruled. COURT’S CHARGE — MISTAKE OF FACT In point of error ten, appellant contends that the trial court erred in overruling appellant’s objection to the court’s charge “with regard to the application of ‘mistake of fact’ instruction for the reason that this instruction fails to properly apply the law to the facts.” Appellant submitted special requested charges on mistake of fact. The trial court denied all except one, which was granted in part and submitted in a modified version. The charge given provided in pertinent part: So, if you find from the evidence in this ease that at the time defendant, Thermon Maurice Skillern, acquired and otherwise exercised control over the property in question, he acted under a mistake of fact, that is, a reasonable belief that the premiums for the annuities had been paid to American Teachers Life Insurance Company or if you have a reasonable doubt thereof, you will find the defendant not guilty. To this charge, the appellant objected: [W]e would specifically object to the mistake of fact charge that has been given by the court because it is not specific enough in our opinion and would request the court by reference to look at those requested instructions which have been denied at this point. The objection was overruled. On appeal, appellant complains that there were a number of different “mistakes of fact” which could have exculpated his conduct in the case, but that the trial court charged only on the one concerning whether the “annuity premium had been paid.” Appellant argues that “there could have been no mistake on appellant’s part as to the actual ‘payment’ of the premiums since he had the sole responsibility for that act!” He therefore urges that the charge given was improper. Appellant then argues that if there was a mistake of fact it involved “why” Louis Harris did not cash the millions of dollars in checks appellant wrote to the American Teachers Life Insurance Company and “book” the cash as assets of the insurance company. Appellant fails to point to any testimony supporting appellant’s mistake of law or belief that Harris had cashed the checks. In fact, the testimony indicated that the checks would not have cleared if they had been negotiated. Appellant’s claim of “mistake of fact” on appeal was not a part of any of the special requested charges or instructions at trial. It is only now advanced by appellate counsel. Complaints on appeal that do not comport with trial objections do not preserve error for review. Cook, 858 S.W.2d at 499; Rezac, 782 S.W.2d at 870; Thomas, 723 S.W.2d at 700. Point of error ten is overruled. COURT’S CHARGE — CULPABLE MENTAL STATES In his eleventh point of error, appellant complains that the trial court erred in overruling his objection to that portion of the court’s charge defining the culpable mental states. In the abstract or definitional portion of the court’s charge, the trial court gave the full statutory definitions of “intentionally” and “knowingly.” See Tex.Penal Code Ann. §§ 6.03(a), (b) (West 1994), Appellant objected to this part of the charge because the definitions included the “nature of his conduct” and “engage in conduct” language rather than focusing strictly on “the result of his conduct or causing the result.” Appellant’s complaint is based on the rule that the charge should contain only that portion of the statutory definition which corresponds to the culpable mental state proscribed by the offense. Garza v. State, 794 S.W.2d 497, 500-01 (Tex.App. — Corpus Christi 1990, pet. refd). Accordingly, the type of offense charged dictates which portion or portions of the culpable mental state definitions should be submitted to the jury. Id. In McQueen v. State, 781 S.W.2d 600 (Tex.Crim.App.1989), the court pointed out that section 6.03 of the Texas Penal Code delineates three “conduct elements” which may be involved in an offense: (1) the nature of the conduct; (2) the result of the conduct; and (3) the circumstances surrounding the conduct. An offense may contain any one or more of these “conduct elements” which alone or in combination form the overt behavior which the Legislature intended to criminalize; it is those essential “conduct elements” to which a culpable mental state must apply. Id. at 603; Murray v. State, 804 S.W.2d 279, 281 (Tex.App. — Fort Worth 1991, no pet.). When an offense is only a “result” or “nature of conduct” offense, the trial court should submit statutory definitions of “intentionally” or “knowingly” which are limited to the specific conduct element required for the offense. Murray, 804 S.W.2d at 281; see also Saldivar v. State, 783 S.W.2d 265, 268 (Tex.App. — Corpus Christi 1989, no pet.); Bosier v. State, 771 S.W.2d 221, 225 (Tex.App. — Houston [1st Dist.] 1989, pet. refd). The difficulty is that an offense may not fit neatly into either a “result” type or a “nature of conduct” offense. Bosier, 771 S.W.2d at 225; Adams v. State, 744 S.W.2d 622, 628-29 (Tex.App. — Fort Worth 1987, pet. refd). “The problem is that not all offenses are characterized by a single conduct element.” Cook v. State, 884 S.W.2d 485, 493 (Tex.Crim.App. — 1994) (Maloney, J., concurring). When an offense is both a “result” and a “nature of the conduct” offense, the trial court should submit complete statutory definitions of “intentionally” or “knowingly” so that the jury can consider both the result of the offender’s conduct and the nature of the conduct. Murray, 804 S.W.2d at 281; Saldivar, 783 S.W.2d at 267-68. Appellant urges that theft is purely a “result-oriented” crime and that the trial court erred, over objection, in not limiting the definitions of “intentionally” and “knowingly” in the abstract portion of the court’s charge to the “result of conduct” element. Appellant has not cited a case directly on point, and we have found none. In McClain v. State, 687 S.W.2d 350 (Tex.Crim.App.1985), which involved theft convictions, the court stated: “Few property transactions do not involve the acquisition of another’s property with intent to deprive him of it,” Committee Comment to § 31.03. Thus, the committee (and later the Legislature) recognized that what separates lawful acquisition conduct from theft is knowledge of a crucial “circumstance surrounding the conduct” — that the acquisition is “without the owner’s consent.” The crime of theft requires the “forbidden conduct” element of the offense (“exercise of control over property”) to be accompanied by this “circumstance surrounding the conduct,” and V.T.C.A. Penal Code, § 6.03(b), requires proof of the actor’s knowledge of that “circumstance surrounding the conduct”: that the conduct is “without the owner’s consent.” With this crucial feature, the actor’s acquisitive conduct is clearly “unlawful.” See Lugo-Lugo v. State, 650 S.W.2d 72 (Tex.Crim.App.1983) (opinion concurring on state’s motion for rehearing). Id. at 354 (footnotes omitted). Unauthorized use of a motor vehicle is or may be a lesser-included offense of theft. State v. Houth, 845 S.W.2d 853, 869 (Tex.Crim.App.1992); Ex parte Jefferson, 681 S.W.2d 33, 34 (Tex.Crim.App.1984); Neely v. State, 571 S.W.2d 926, 928 (Tex.Crim.App.1978); Teague v. State, 789 S.W.2d 380, 382 (Tex.App. — Houston [1st Dist.] 1990, pet. refd). In McQueen, an appeal from an unauthorized use of vehicle conviction, the Court of Criminal Appeals wrote: As discussed above, some form of culpability must apply to those “conduct elements” which make the overall conduct criminal. Therefore, we hold that See. 31.07 encompasses two “conduct elements,” viz: that the defendant intentionally or knowingly operated a vehicle (nature of conduct) knowing that such operation was without the effective consent of the owner (circumstances surrounding conduct). 781 S.W.2d at 604. Aggravated robbery committed while in the act of committing theft is not easily categorized as a “result” offense or a “nature of conduct” offense. Garza, 794 S.W.2d at 500. Depending on the allegations of the indictment, aggravated robbery may include all three “conduct elements.” Id.; see Hernandez, 819 S.W.2d at 811-812; see also Cook, 884 S.W.2d at 488 n. 5. With this background, we examine the instant theft offense as set out in the first count of the indictment under which appellant was convicted. A person commits theft if he unlawfully appropriates property with intent to deprive the owner of the property. Tex.Penal Code Ann. § 31.08(a) (West 1994). Appropriation of property is unlawful if it is without the owner’s effective consent. Tex.Penal Code Ann. § 31.03(b)(1) (West 1994). Consent is not effective if it is induced by deception. Penal Code, 63d. Leg., R.S., eh. 399, sec. 1, § 31.01(4)(A), 1973 Tex. Gen.Laws 883, 929 (Tex.Penal Code Ann. § 31.01(4)(A), since renumbered as § 31.01(3)(A)). “Deception” can involve “creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true.” Penal Code, 63d, R.S., ch. 399, sec. 1, § 31.01(2)(A), 1973 Tex.Gen.Laws 883, 928 (Tex.Penal Code Ann. § 31.01(2)(A), since renumbered as § 31.01(1)(A)). It is this part of the statutory definition of “deception” that the trial court in the instant cause submitted in its jury charge along with a definition of “effective consent.” The “nature of the forbidden conduct” under the applicable theft statute is appropriation of property. Mills v. State, 722 S.W.2d 411, 415 (Tex.Crim.App.1986). Appropriation must be accompanied by the specific intent to deprive the owner of property. Id. Appropriation is rendered “unlawful” according to the “circumstances surrounding” that conduct, viz: that it is, and the actor knew it to be without the owner’s consent. Id. When relevant at all in a theft prosecution, “deception” goes to the nature of the conduct and becomes part and parcel of the circumstances surrounding the conduct of the accused so as to render consent to the particular appropriation of property ineffective and to provide evidence of accused’s knowledge that it was, in fact, ineffective. Cheney v. State, 755 S.W.2d 123, 131 (Tex. Crim.App.1988) (Clinton, J., concurring); Mills, 722 S.W.2d at 415. See also Paul H. Robinson & Jane A. Grull, Element Analysis in Defining Criminal Liability: The Model Penal Code and Beyond, 35 Stan.L.Rev. 681, 707-09 (1983). The thrust of the indictment in this cause was that appellant and his co-defendants did intentionally and knowingly appropriate property by acquiring and exercising control over United States Currency with intent to deprive the owners thereof without their effective consent, the consent being induced by deception, the words and conduct of the defendant, pursuant to one scheme and continuing course of conduct. The application paragraph of the charge tracked the language of the indictment. In light of the indictment’s allegations, the facts presented, and the charge of the court, the trial court did not err in submitting the full statutory definitions of “intentionally” and “knowingly.” See McClain, 687 S.W.2d at 354; see also Hernandez, 819 S.W.2d at 811-12. Theft, as charged, was not strictly a result-oriented offense as claimed by appellant. Point of error eleven is overruled. MISJOINDER OF OFFENSES In point of error twelve, appellant contends that: The trial court erred in refusing to force the State to “elect” which of the two allegations of “ownership” the State was relying on for conviction, i.e., either American Teachers Life Insurance Company or Premier Bank, thus rendering the disjunctive submission of the two owners erroneous, which rendered the Court’s charge duplicitous, constituting an improper joinder of separate and distinct offenses and thus denying appellant due course of law and a fair trial as guaranteed under Article I, § 10, § 14 and § 19 and Articles 21.08 and 21.24, V.A.C.C.P. In addition to the above stated point of error, appellant complains of the overruling of his thrice-urged motion for the State to “elect,” the trial court’s charge, the validity of the indictment, the sufficiency of the evidence, and other matters, including a suggestion of double jeopardy. This is a classic multifarious point of error and presents nothing for review. Adkins v. State, 764 S.W.2d 782, 785 (Tex.Crim.App.1988); Euziere v. State, 648 S.W.2d 700, 703 (Tex.Crim.App.1988); Michael v. State, 864 S.W.2d 104, 109 (Tex.App. — Dallas 1993, no pet.). By combining more t