Berry, Larry Eugene, 424 S.W.3d 579

Berry owned a Budget Blinds franchise in San Antonio (2004–2005) and took payments from customers for blinds but did not deliver them.
Franchise terminated; Berry operated as Blinds Depot and continued taking payments for undelivered products.
Berry was charged with misapplication of fiduciary property ($20,000–$100,000) and aggregated theft; tried by jury with 32 of 41 victims testifying.
Trial court sentenced 10 years on each count, to run concurrently, plus restitution.
Court of Appeals affirmed fiduciary-capacity finding; Texas Court granted discretionary review to assess fiduciary capacity; Court reversed on fiduciary-capacity element and upheld theft conviction; new punishment hearing denied when applicable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence shows acting in a fiduciary capacity	Berry: no fiduciary capacity; ordinary contract.	State: broad fiduciary scope; ordinary sale not enough.	Insufficient evidence for fiduciary capacity.
How to interpret fiduciary capacity in §32.45	Plain meaning supports standard fiduciary duties.	Broad interpretation protects trust-based duties.	Court adopts plain-meaning approach; ordinary contract not fiduciary.
Entitlement to new punishment hearing on theft after reversal	Joint conviction with misapplication warrants new hearing.	Mills controls; no entitlement.	No entitlement to new punishment hearing on theft.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency review requires rational juror could find elements beyond reasonable doubt)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (sufficiency review standards in Texas Crim. App.)
Coplin v. State, 585 S.W.2d 734 (Tex. Crim. App. 1979) (fiduciary capacity concepts in misapplication statute)
Meyer v. Cathey, 167 S.W.3d 327 (Tex. 2005) (contractual relations generally not fiduciary)
Crim. Truck & Tractor Co. v. Navistar Int’l Transp. Corp., 823 S.W.2d 591 (Tex. 1992) (business dealings ordinary—fiduciary not ordinarily implied)