Charles Nicky Tiller, III v. State, 2011 Tex. App. LEXIS 8900

Tiller ordered two badges and provided documents describing himself as Chief Constable and Deputy Constable of Bexar County.
Company required verification of official credentials before selling law-enforcement badges and did not issue badges to Tiller.
Tiller sent letters asserting deputy status and that his credentials were legally binding in the Republic of Texas.
Documents included a letter from a purported sheriff and a photocopy of Tiller’s Texas driver’s license; affidavits showed no official record of deputation.
Investigator interviewed Tiller; he admitted ordering the badges and claimed election as a constable by the Republic of Texas.
Jury found Tiller guilty of impersonating a public servant; trial court sentenced him to three years’ imprisonment suspended, three years’ probation, and a $2,000 fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is legally sufficient evidence of impersonating a public servant	Tiller argues acts were not official acts to impersonate a public servant.	State argues overt act of pretended official capacity with intent to induce reliance.	Evidence sufficient; conviction affirmed

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (no longer requires separate factual sufficiency review; legal sufficiency standard applied)
Prible v. State, 175 S.W.3d 724 (Tex. Crim. App. 2005) (legal sufficiency review standard)
Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000) (resolve inconsistencies in testimony in favor of verdict)
Ex parte Niswanger, 335 S.W.3d 611 (Tex. Crim. App. 2011) (over acts beyond merely showing official identification; overt acts in official capacity)
Tovar v. State, 777 S.W.2d 481 (Tex. App.—Corpus Christi 1989) (official act requirement discussed in Niswanger reliance)