From Casetext: Smarter Legal Research

Sweeney v. State

Court of Appeals of Texas, Houston, Fourteenth District
May 20, 1982
633 S.W.2d 354 (Tex. App. 1982)

Summary

reversing conviction on sufficiency of evidence grounds

Summary of this case from Pichon v. State

Opinion

No. A14-81-598-CR.

April 29, 1982. Rehearing Denied May 20, 1982.

Appeal from the 183rd District Court, Harris County, Joe Guarino, J.

Murry B. Cohen, Houston, for appellant.

Alvin M. Titus, Houston, for appellee.

Before J. CURTISS BROWN, C. J., and JUNELL and PRICE, JJ.


A jury found Appellant guilty of the offense of felony theft. Finding the two enhancement allegations contained in the indictment to be true, the court assessed punishment at life imprisonment in the Texas Department of Corrections. Appellant maintains on appeal that the evidence is insufficient to support the verdict because there is no proof that the value of the television which Appellant allegedly had stolen exceeded $200 in value as alleged in the indictment. Because we reverse on that ground, we find it unnecessary to discuss Appellant's other grounds of error.

The pertinent portion of the penal code provides that the offense of theft is a felony of the third degree if the value of the property stolen is $200 or more but less than $10,000. Tex.Penal Code Ann. § 31.03(d)(4)(A) (Vernon Supp. 1982). Tex.Penal Code Ann. § 31.08(a) (Vernon 1974), provides:

Subject to the additional criteria of subsections (b) and (c) of this section, value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft.

Tex.Penal Code Ann. § 2.01 (Vernon 1974), provides that "no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt." The record reveals that the only evidence of the value of the television is in the following testimony of Jim Finley, the complaining witness:

Q. When you purchased the Sony television, approximately how much did you pay for it?

A. Financed it and it cost me seven hundred.

Q. That was a color TV?

A. Yes, it was.

Q. Approximately what size was it?

A. Twenty-one inch, I believe.

Appellant argues, soundly we think, that there is nothing in the record to show that the value of the television was in excess of $200 at the time of the offense. Appellant's challenge is not directed at the manner in which the State attempted to prove value, but is directed at the sufficiency of the evidence. In Bullard v. State, 533 S.W.2d 812 (Tex.Cr.App. 1976), evidence of valuation was found to be sufficient where there was no evidence that the value of the property was less than $200 and there was some evidence to show the stolen television and stereo had a value over $200. The complaining witness in Bullard testified that he had paid $300 for the television and it was only two or three months old and that he had paid over $400 for the stereo system, which was then six or seven months old. He further testified that any decrease in value subsequent to his purchase of the items was negligible. In the instant case we find no evidence to show the value of the television as of the time of the offense. Unlike Bullard, there is no indication of the age or condition of the television. Nor is there any revelation of the terms under which the purchase of the television was financed. In our opinion the State failed to meet its burden of establishing beyond a reasonable doubt that the value of the television at the time of the offense was over $200 as alleged in the indictment.

We therefore reverse and remand to the trial court with instructions to enter a judgment of acquittal.


Summaries of

Sweeney v. State

Court of Appeals of Texas, Houston, Fourteenth District
May 20, 1982
633 S.W.2d 354 (Tex. App. 1982)

reversing conviction on sufficiency of evidence grounds

Summary of this case from Pichon v. State

In Sweeney, supra, the Court of Appeals held that there was no evidence as to the age and condition of the television set, nor any revelation of the terms under which the purchase of the television was financed.

Summary of this case from Scott v. State

In Sweeney, the evidence was legally insufficient to prove that the value of the television exceeded $200 because there was no evidence of the terms under which the purchase of the television was financed and no evidence of the age or condition of the television that might indicate a lack of significant depreciation.

Summary of this case from Bullock v. State

In Sweeney, the evidence was legally insufficient to prove that the value of the television exceeded $200 because there was no evidence of the terms under which the purchase of the television was financed and no evidence of the age or condition of the television that might indicate a lack of significant depreciation.

Summary of this case from Bullock v. State

In Sweeney, the only evidence of the value of the stolen item — a television set — was the owner's testimony that the television was a twenty-one inch Sony color television that cost $700 when financed.

Summary of this case from Kellogg v. State

In Sweeney, "the only evidence of the value of the television" in question was that the complainant "[f]inanced it and it cost me seven hundred."

Summary of this case from Rice v. State
Case details for

Sweeney v. State

Case Details

Full title:Mark Elden SWEENEY, Appellant, v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Houston, Fourteenth District

Date published: May 20, 1982

Citations

633 S.W.2d 354 (Tex. App. 1982)

Citing Cases

Salas v. State

Value is not determined by purchase price when there is no evidence of the age of the item because it does…

Salas v. State

Value is not determined by purchase price when there is no evidence of the age of the item because it does…