Ted Roberts, the San Antonio attorney convicted of theft-related charges for threatening litigation to extract money from two men who had sexual liaisons with his then-wife in 2001 and 2002, has failed to persuade the Texas Court of Criminal Appeals to review his case. Without issuing an opinion, the CCA on Wednesday refused Roberts’ petition for discretionary review.

In March 2007, a 226th district court jury in San Antonio found Roberts guilty on two counts of theft and one count of a continuing course and scheme to commit theft of $100,000 with regard to two of the four men with whom Roberts’ then-wife Mary had affairs. However, the jury found him not guilty of the alleged threats of litigation against two of the men. He had threatened to file petitions under Rule 202 of the Texas Rules of Civil Procedure for possible suits against all four men.

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