ACCEPTED
06-15-00030-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/14/2015 9:48:50 PM
DEBBIE AUTREY
CLERK
IN THE COURT OF APPEALS FOR THE
SIXTH DISTRICT OF TEXAS AT TEXARKANA
FILED IN
6th COURT OF APPEALS
CHARLES FRANCIS WILLIAMS § TEXARKANA, TEXAS
APPELLANT § 10/15/2015 10:08:00 AM
§ DEBBIE AUTREY
Clerk
v. § Nos. 06-15-00030-CR
§ 06-15-00031-CR
§
THE STATE OF TEXAS, §
APPELLEE §
STATE'S BRIEF
FROM THE 354TH ffiDICIAL DISTRICT COURT
HUNT COUNTY, TEXAS
TRIAL CAUSE NUMBERS 30,023 & 30,068
THE HONORABLE RICHARD A. BEACOM, JR., mDGE PRESIDING
NOBLE DAN WALKER, JR.
District Attorney
Hunt County, Texas
KELI M. AIKEN
First Assistant District Attorney
P. 0. Box441
4th Floor Hunt County Courthouse
Greenville, TX 75403
kaiken@huntcounty.net
(903) 408-4180
NO ORAL ARGUMENT FAX (903) 408-4296
REQUESTED State Bar No. 24043442
TABLE OF CONTENTS
Table of Contents ........................................................................................................... 2
Index of Authorities ................................................................................................... 3--4
Statement of the Case ................................................................................................. 5
Issues Presented .................................................................................................... 7-13
1. The evidence was legally sufficient to prove Appellant guilty of the crimes of
Theft of Copper and Unauthorized Use of a Motor Vehicle as alleged in the
indictment.
Prayer........................................................................................................................ 14
Certificate of Service ................................................................................................ 14
Certificate of Compliance with Rule 9 .4 .................................................................. 15
2
INDEX OF AUTHORITIES
STATE CASES:
Chambers v. State, 711 S.W.2d 240, 245-47 (Tex. Crim. App. 1986) ...................... 8
Clewis v. State, 922 S.W.2d 126, 135 (Tex. Crim. App. 1996) .................................. 7
Dewberry v. State, 4 S.W.3d 735, 740 (Tex. Crim. App. 1999), cert. denied, 529 U.S.
1131 (2000) ................................................................................................................ 7
Fernandez v. State, 805 S.W.2d 451, (Tex. Crim. App. 1991) ................................. 8
Hines v. State, 978S.W.2d169, 172 (Tex. App.-Texarkana, no pet.) ..................... 7
Jackson v. Virginia, 433 U.S. 307, 319, 99 S.Ct. 2781 (1979)) .................................. 7
Johnson v. State, 23 W.W.3d 1 (Tex. Crim App. 2002) ............................................. 7
Poindexter v. State, 153 S.W.3d 402, 406 (Tex. Crim. App. 2005) ............................ 8
Threadgill v. State, 146 S.W.3d 654, 663 (Tex. Crim. App. 2004) ............................ 7
Watson v. State, 204 S.W.3d 404, 415 (Tex. Crim. App. 2006) ............................. 7-8
STATE STATUTES:
TEX. PEN. C. §31.03(a) & ( e)(4)(F)(iii) (Vernon 2013) .............................................. 8
TEX. PEN. C. §31.03(b)(1) (Vernon 2013) .................................................................. 8
TEX. PEN. C. §7.02(a)(2) (Vernon 2013) ........................................................... 8-9, 11
TEX. PEN. C. §31.07 (Vernon 2013) ......................................................................... 11
3
IN THE COURT OF APPEALS FOR THE
SIXTH DISTRICT OF TEXAS AT TEXARKANA
CHARLES FRANCIS WILLIAMS §
APPELLANT §
§
v. § Nos. 06-15-00030-CR
§ 06-15-00031-CR
§
THE STATE OF TEXAS, §
APPELLEE §
STATE'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
NOW COMES the State of Texas, Appellee, in this appeal from Cause
Nos. 30,023 & 30,068 in the 354th Judicial District Court in and for Hunt County,
Texas, Honorable Richard A. Beacom, Jr. Presiding, now before the Sixth
District Court of Appeals, and respectfully submits this its brief to the Court in
support of the judgment of sentence in the court below.
4
SUMMARY OF THE STATE'S ARGUMENT
Furthennore, each and every required element of the offenses of Theft of
Copper and Unauthorized Use of a Motor Vehicle were proven beyond a
reasonable doubt. The evidence was legally sufficient and supported the jury's
verdict and his conviction should be affirmed.
5
STATE'S RESPONSE TO POINTS OF ERROR ONE
The evidence was legally sufficient to prove
Appellant guilty of both Theft of Copper and
Unauthorized Use of a Motor Vehicle as alleged in
the indictment.
Argument and Authorities
The proper standard of review to detennine legal sufficiency is whether the
evidence would support the verdict when viewed in the light most favorable to
the verdict. Johnson v. State, 23 W.W.3d 1, 7 (Tex. Crim. App. 2001). In other
words, if a reasonable trier of fact could have found beyond a reasonable doubt
the essential elements of the crime, the verdict will be deemed legally sufficient.
Clewis v. State, 922 S.W.2d 126, 135 (Tex. Crim. App. 1996); Hines v. State,
978 S.W.2d 169, 172 (Tex. App.-Texarkana, no pet.).
This standard gives full play to the responsibility of the trier of fact to
resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable
inferences from basic facts. Jackson v. Virginia, 433 U.S. 307, 319, 99 S.Ct.
2781 (1979); Threadgill v. State, 146 S.W.3d 654, 663 (Tex. Crim. App. 2004).
When perfonning a legal sufficiency review, the court may not sit as a thirteenth
juror, re-evaluating the weight and credibility of the evidence and substituting its
judgment for that of the factfinder. Dewberry v. State, 4 S.W.3d 735, 740 (Tex.
Crim. App. 1999), cert. denied, 529 U.S. 1131 (2000).
The court must consider all of the evidence submitted before the jury,
6
including inadmissible evidence. Watson v. State, 204 S.W.3d 404, 415 (Tex.
Crim. App. 2006). Specifically, the Court held that "once the trier of fact has
weighted the probative value ofunobjected-to hearsay evidence in its fact finding
process, an appellate court cannot deny that evidence probative value or ignore it
in a review of the sufficiency of the evidence. Poindexter v. State, 153 S.W.3d
402, 406 (Tex. Crim. App. 2005) (citing Fernandez v. State, 805 S.W.2d 451,
453-56 (Tex. Crim. App. 1991) and Chambers v. State, 711 S.W.2d 240, 245-47
(Tex. Crim. App. 1986).
A. The State proved every required element for the Theft of
Copper charge.
A person commits the offense of theft of copper if the person unlawfully
appropriates copper with intent to deprive the owner of the property and the
value of the copper is less than $20,000.00. TEX. PEN. C. §3 l.03(a) &
(e)(4)(F)(iii) (Vernon 2013). Appropriation of property is unlawful ifit is
without the owner's effective consent. TEX. PEN. C. §3 l.03(b)(l) (Vernon 2013).
The indictment required proof that on August 19, 2014, Appellant acted alone or
as a party with Frankie Stankowitz unlawfully appropriated copper wire from
Sharyland Utilities with intent to deprive the owner of the property and the value
of the copper wire was less than $20,000.00. Furthermore, a person is
responsible as a party to an offense ifhe acted with "intent to promote or assist
the commission of the offense" and solicited, encouraged, directed, aided or
7
attempted to aid the other person to commit the offense. TEX. PEN. C.
§7.02(a)(2) (Vernon 2013).
There is no dispute that on August 19, 2015 Sharyland Utilities was
broken into and they had copper wire stolen. Appellant simply disputes his
involvement in this offense. Both Jerry Ervin and Deputy Potts testified that
Sharyland Utilities is located in Hunt County, Texas. RRl/11, lines 2-12 and
p.55, lines 4-5 and that $180.00 of copper wire was stolen. RRl/13-23.
During the theft two white male intruders were captured on video and set off
both an audible and perimeter alann. RRl/13-21. One of the intruders had on
a dark bluet-shirt and the other wore a light blue/teal t-shirt. Neither of the
thieves had permission to be on the property. RRl/21, lines 7-17. They entered
the property by cutting a three foot high portion of the chain link fence around
the property. RRl/21-22. Mr. Ervin explained that a three foot cut was made
in the fence 'it was just cut straight up and down and they just peeled it back
and crawled in. You could kind of see where they went through." RRl/23,
lines 2-4. During the theft the perpetrators took a meter reader truck along with
three rolls of copper wire and a pair of bolt biters. RRl/23, lines 7-16 and
p.56, lines 14-17. The spools of copper wire were twenty-five pounds and cost
$60.00 each. RRl/24-25.
State's exhibit one is the surveillance video and shows the two thieves
8
with one in a dark blue shirt and the other in a light blue/teal t-shirt. RRl/28,
lines 19-25; SEl. On the video the thief wearing the dark blue shirt has copper
wire in his hand. RRl/33, lines 9-14. The other thief in the light blue/teal t-
shirt has something in his hand as well. RRl/33, lines 13-21. The officer
printed two photos from the surveillance video. RRl/28, lines 7-15. The jury
saw these photos. SE40 & 42; RRl/35, lines 12-15. State's exhibit two is the
bed of the truck showing where rings of copper wire were stolen from.
RRl/36, lines 15-25. A series of photos were admitted showing that the
thieves moved tools, removed a hard hat from the toolbox, and took fuel out of
the truck SE4-5, SE8-10; RRl/37-38.
Appellant was identified from the surveillance video by Inv. Kelly
Phillips. RRl/107, lines 7-24. Furthermore, Katie Brown told officers that
both Stankowitz and Appellant arrived at her property at the same time, early o
the 19th of August, with Stankowitz driving the stolen truck and Appellant
driving Stankowitz' purple ranger truck. SE46-47 and 51-52; RRl/46-48 and
p.100, lines 4-10. Inside the truck Appellant drove to Ms. Brown' house the
deputies found the light blue/teal t-shirt Appellant wore during the burglary and
on the surveillance video. SEl, 13, 35 & 42; RRl/109-110. Also inside the
truck were gloves, bolt cutters and hard hats. Id.
9
B. The State proved every required element for the Unauthorized Use
of a Motor Vehicle charge.
A person commits the offense of unauthorized use of a motor vehicle if he
intentionally or knowingly operates another's motor propelled vehicle without
the effective consent of the owner. TEX. PEN. C. §31.07 (Vernon 2013). The
indictment required proof that on August 19, 2014 Appellant acted alone or as a
party with Frankie Stankowitz to operate a meter reader truck from Sharyland
Utilities without effective consent of the owner. Furthermore, a person is
responsible as a party to an offense if he acted with "intent to promote or assist
the cmmnission of the offense" and solicited, encouraged, directed, aided or
attempted to aid the other person to commit the offense. TEX. PEN. C.
§7.02(a)(2) (Vernon 2013).
In addition to the testimony above, there is sufficient evidence to show
Appellant and his partner Stankowitz committed unauthorized use of the
Sharyland meter reader truck by loading up the stolen copper wire and driving
it from the business to Katie Brown's house and hiding it at the end of her
culdesac. Deputy Potts confirmed that the two guys found at Ms. Brown's
house were the thieves on the surveillance video from Sharyland Utilities. SEl;
RRl/60, lines 1-21. Officers testified how they discovered the stolen
Sharyland truck in a barn or shed at the end of the culdesac not far from Ms.
Brown's house where Appellant and Stankowitz were hiding. RRl/93, lines
10
17-25. While officers spoke with Ms. Brown and tried to find the thieves both
of them hid in her house watching a surveillance camera of the officers and Ms.
Brown. RRl/95, lines 2-21 RRl/97, lines 5-21.
State's exhibit one clearly showed another vehicle's headlights at
Sharyland during the theft and allowing for the inference that Appellant drove
that vehicle. SEl; RRl/123-124. Stankowitz drives off in the stolen truck on
video and Appellant runs along beside the stolen truck towards the parked
getaway vehicle. SE 1. The jury also saw photos of the stolen truck recovered
by Ms. Brown's house. SE27-31; RRl/112, lines 7-25.
Mr. Ervin confirmed that the thieves did not have pennission to take the
stolen meter reader truck and took it around 5:25-5:30am. RRI/16, lines 18-21
and p.20, lines 17-25. He also explained to the jury that the stolen truck had a
gps device installed and explained how he looked up the location of the truck
and reported it to Deputy Potts. RRl/19, 2-15 and p.25, lines 20-24. Mr.
Ervin described the stolen truck as a 2011 half-ton GMC four wheel drive with
Sharyland Utilities stickers on both doors. RRI/23, lines 17-22. He provided
the license plate number to Deputy Potts. RRl/25, lines 10-13.
Based upon the information provided by Mr. Ervin, Deputy Potts was able
to determine that stolen truck was off PR 3827 in Quinlan next to Ms. Brown's
house. RRI/58, lines 1-18. He passed on the address to Constable Layton and
11
Deputy Valenzuela who located the stolen truck at that address. RRI/58-59.
The stolen truck was right next to where Brown lived on a culdesac with her
trailer on the left and a "tree-line and a shed kind of over on the right and the
vehicle had been pulled into that shed." RRI/64, lines 18-22.
The evidence in this case is legally sufficient to prove Appellant guilty of
the offenses charged; therefore, his convictions should be affirmed.
12
CONCLUSION AND PRAYER FOR RELIEF
The State prays that the Court will affirm Appellant's sentence.
Respectfully submitted,
NOBLE DAN WALKER, JR.
District Attorney
Hunt County, Texas
Isl Keli M. Aiken
KELI M. AIKEN
First Assistant District Attorney
P. 0. Box 441
4th Floor, Hunt County Courthouse
Greenville, TX 7 5403
kaiken@huntcounty.net
State Bar No. 240434482
(903) 408-4180
FAX (903) 408-4296
13
CERTIFICATE OF COMPLIANCE OF TYPEFACE AND WORD COUNT
In accordance with Texas Rules of Appellate Procedure 9 .4 (e) and (i), the
undersigned attorney or record certifies that Appellants Brief contains 14-point
typeface of the body of the brief and contains 3,858 words and was prepared on
Microsoft Word 2013.
/s/ Keli M. Aiken
KELI M. AIKEN
First Assistant District Attorney
P. 0. Box 441
4th Floor Hunt County Courthouse
Greenville, TX 7 5403
(903) 408-4180
FAX (903) 408-4296
State Bar No. 24043442
CERTIFICATE OF SERVICE
A true copy of the State's brief will be placed in Jason Duff's box in the
Hunt County District Clerk's Office, tomorrow October 15, 2015, pursuant to
local rules.
Isl Keli M. Aiken
KELI M. AIKEN
First Assistant District Attorney
14
Charles Francis Williams v. State
Combined Opinion