(DOWNLOAD) "Rogelio Garza Garcia v. State Texas" by Thirteenth District, Corpus Christi No. 13-88-644-CR Court of Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rogelio Garza Garcia v. State Texas
- Author : Thirteenth District, Corpus Christi No. 13-88-644-CR Court of Appeals of Texas
- Release Date : January 22, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
A jury found appellant, Rogelio Garza Garcia, guilty of felony theft. See Tex. Penal Code Ann. § 31.03(e)(4)(A) (Vernon Supp.
1990). The jury assessed punishment at 10 years' confinement in the Texas Department of Corrections. By one point of error,
appellant asserts that the trial court erred in denying appellant's motion for directed verdict because the State failed to
prove that the property described in the indictment had a value equal to or greater than $750. We affirm the judgment of the
trial court. Appellant was charged with shoplifting two video cassette recorders, a telephone, a television antenna, and three shirts
from a K-Mart store. At trial, the store manager testified regarding the price of each item allegedly stolen. Appellant objected
that the manager was testifying from a document not admitted into evidence and which contained the prices of the merchandise
named in the indictment. The security guard who apprehended appellant also testified regarding the price of the merchandise.
Appellant also objected to this testimony but did not receive a ruling on his objection. Appellant moved for a directed verdict
at the end of the State's case-in-chief, alleging that the State had not met its burden of proof. Specifically, appellant
stated that the State had not shown beyond a reasonable doubt and/or with competent witnesses that the items listed in the
indictment had a value equal to or greater than $750 because the store manager "wasn't really sure about the value of the
items."
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