A jury convicted Ronald Wayne Rogers of burglary of a vehicle. The jury assessed punishment, enhanced by two prior convictions, at seventy years' confinement. Appellant contends that the evidence is insufficient to establish his guilt beyond a reasonable doubt. We disagree and affirm the judgment of the trial court.
While Wright was paying for her gasoline, she noticed a black male near her Jeep. The man wore a white shirt. Wright testified that the man made eye contact with her and appeared to smile at her. The man then got into the passenger side of an older-model white car. The car was parked next to her Jeep but facing the opposite direction. Wright noted that the driver of the white car turned onto a service road alongside the service station.
Wright finished paying for the gasoline and returned to her Jeep. She immediately realized that her purse was not on the passenger seat. She checked the floorboard in the front and back seats, but she could not find her purse. Wright then began chasing the white car on foot.
Two police officers had stopped the driver of the white car for a traffic violation just a few hundred yards from the service station. The only other person in the car, appellant, was seated in the front passenger seat. Wright told one of the officers that she thought that one of the occupants of the white car had taken her purse from her Jeep. She described the purse to the officer. Wright then returned to the service station to get her Jeep.
When Wright returned to where the police officers had stopped the white car, she saw her purse on the hood of the vehicle. One of the officers testified that he found the purse on the front passenger floorboard at appellant's feet. The officer asked Wright if she could identify the man who stole her purse. Wright asked the officer if both men were wearing white shirts. Only the appellant was wearing a white shirt.
Wright testified that she did not give appellant or anyone else effective consent to enter her Jeep.
We note that two panels of the San Antonio Court of Appeals divided with respect to a factually similar question presented in two companion cases, Markham v. State, 761 S.W.2d 553 (Tex.App. — San Antonio 1988, no pet.) (on remand) and Phelps v. State, 730 S.W.2d 198 (Tex.App. — San Antonio 1987, no pet.). In Markham andPhelps, as in this case, a woman's purse was taken from her car while she was paying for gasoline. Officers recovered the purse in a car driven by Phelps in which Markham and one other person were passengers. Both Phelps and Markham were charged with the offense of burglary of a vehicle. They were tried separately. Both juries were instructed on the offense charged and the law of parties. The juries found both men guilty.
In Phelps and Markham, an undercover police officer testified that the car in which Phelps and Markham were subsequently arrested had been under surveillance for suspected involvement in several thefts. *Page 224 An officer had been following the car and its three occupants immediately before the incident but had lost sight of the vehicle for approximately ten minutes. When the officer rediscovered the car, it was at a service station. The officer noted that only two men were in the car. Markham then entered the vehicle. The officer testified that Markham did not have anything in his hand when he got into the car. Phelps then drove the car away from the service station. The officer was following the car when the theft of the complainant's purse was reported on the police radio. The three codefendants were under surveillance from the time they left the service station until they were pulled over, approximately fifteen minutes later. The purse was discovered on the back seat of the car.
One panel of the San Antonio court found this evidence sufficient to sustain Phelps's conviction under the law of parties. Phelps, 730 S.W.2d at 200. Another panel found the evidence insufficient to find Markham, either acting alone or with another party, guilty of the offense charged.Markham, 761 S.W.2d at 562. To the extent thatPhelps and Markham presented the San Antonio court with factual questions similar to those presented in the instant case, we choose to follow Phelps. Moreover, we find the facts of the instant case to be distinguishable from and more compelling than those presented inMarkham.
In Markham, there was no evidence that the defendant removed the complainant's purse from her car. The complainant did not see the defendant or any other person enter her car. Although an officer saw the defendant getting into the car at the service station, the officer testified that the defendant did not have anything in his hand. None of the witnesses saw the defendant with the purse or its contents. Finally, the officers recovered the purse from the back seat of the car while the defendant was sitting in the front seat. In this case, Wright testified that she saw appellant standing near her car. Moreover, the officers found her purse at appellant's feet on the floorboard. These two factors distinguish this case from Markham and are significant enough, in and of themselves, to persuade us to affirm the conviction.
We overrule appellant's point of error and affirm the trial court's judgment.