                                                                                        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
