(DOWNLOAD) "Moff V. State" by In the Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Moff V. State
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 07, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
A jury found appellant guilty of theft by a public servant of property that was valued between $500 and $1,500. On appeal, he challenged the sufficiency of the evidence to prove: 1) unlawful appropriation; 2) fair market value of at least $500; and 3) his status as a public servant at the time of the unlawful appropriation. The court of appeals found that the evidence was legally sufficient to show appellant unlawfully appropriated property and that he did so before he resigned as a public servant, but it also held that appellant waived any issue concerning the sufficiency of evidence to prove value.*fn1 Appellant claims that the court of appeals violated his due process rights by affirming his conviction without addressing the legal sufficiency of the evidence supporting the value of the property at the time of the offense. We agree, and therefore we remand this case to the court of appeals to review the sufficiency of that evidence.