Acosta, Steve
PD-1080-15
| Tex. App. | Oct 12, 2015Background
- Acosta was convicted of burglary of a habitation and sentenced to 12 years’ imprisonment (enhancement alleged prior).
- The State’s evidence showed entry by pushing through an air-conditioner window and entering the living room.
- The house was found in disarray with drawers pulled, mattress flipped, items gathered in a garbage bag, and two televisions missing.
- A neighbor testified seeing a man enter Garibaldi’s house and observing activity related to the burglary; no one was observed entering or exiting the complainant’s house after the incident.
- Officers testified Acosta complied with police commands, claimed people were chasing him, and investigators noted no clear evidence of pursuit or other suspects in the area.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for theft-intent | Acosta entered the home; theft-intent inferred from ransack and missing TVs. | No direct link tying Acosta to the stolen items or the ransacking. | Evidence sufficient to support intent to commit theft; conviction affirmed. |
| Clerical error in judgment | Not applicable; clerical error irrelevant to guilt. | Spelling of name should be corrected on appeal. | Judgment modified to correct spelling of first name to 'Steve'; affirmation as modified. |
Key Cases Cited
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (inference of theft intent from surrounding circumstances)
- Whatley v. State, 445 S.W.3d 159 (Tex. Crim. App. 2014) (standard for reviewing sufficiency of evidence)
- Goad v. State, 354 S.W.3d 443 (Tex. Crim. App. 2011) (consideration of combined evidence to infer guilt)
- Robles v. State, 664 S.W.2d 91 (Tex. Crim. App. 1984) (intent as a fact issue may be inferred from circumstances)
- Richardson v. State, 888 S.W.2d 822 (Tex. Crim. App. 1994) (need not prove actual theft or possession of stolen property)