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Joseph Earl Scott v. State Texas

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eBook details

  • Title: Joseph Earl Scott v. State Texas
  • Author : Supreme Court of Texas
  • Release Date : January 18, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Appellant was convicted by a jury of felony theft of an automobile valued between $750.00 and $20,000.00. V.T.C.A., Penal Code, ? 31.03(e)(4)(A). The jury assessed punishment, enhanced by two prior felony convictions, alleged and proved, at 75 years imprisonment. The Court of Appeals reversed the judgment of conviction and ordered an acquittal of the felony theft after finding that evidence of "value" was insufficient to support the felony theft conviction. Scott v. State, 712 S.W.2d 782 (Tex.App.-Houston [1st Dist.] 1986). In its petition for discretionary review the State contends the decision of the Court of Appeals is in conflict with Sullivan v. State, 701 S.W.2d 905 (Tex.Cr.App. 1986), dealing with an owners testimony in a theft case as to "value," which decision was not mentioned by the Court of Appeals in its opinion though cited and relied upon by the State. We granted discretionary review to determine the correctness of the Court of Appeals decision.


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