Lisa Crisp Dickinson v. State
13-16-00685-CR
| Tex. App. | Jul 27, 2017Background
- Dickinson was charged with theft (Class B misdemeanor) for allegedly taking a boom box and other items from Walmart on January 26, 2015; value alleged totaled about $118.89.
- Walmart loss-prevention specialist Thomas Rubio observed store video and testified that Dickinson and an accomplice (Burkhart) staged items so Dickinson could pick them up; Rubio said the boom box belonged to Walmart and was concealed by Dickinson.
- Detective Christina Tate reviewed CCTV and inventory; a Walmart receipt showing the boom box priced at $100 was admitted at trial.
- Officer Lee Peters initially issued a Class C citation because Walmart could not immediately prove ownership of the boom box; after further review Walmart identified the boom box as theirs and the charge was upgraded to Class B.
- Dickinson testified the boom box was a gift from her grandmother, admitted taking (and later pawning) the boom box after the incident, and acknowledged taking an unpaid yellow shirt placed by Burkhart.
- Jury convicted Dickinson of theft; sentence suspended and community supervision imposed. Dickinson appealed asserting insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support theft conviction | Dickinson argued evidence insufficient because she testified the boom box was a gift (challenging proof of ownership/stealing) | State argued video, witness testimony, and Walmart receipt supported jury inference that Dickinson stole Walmart property; issue was credibility for the jury | Affirmed — evidence sufficient; jury could disbelieve Dickinson and credit Walmart employees' testimony |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of the evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (clarifies application of Jackson standard in Texas and deference to jury as factfinder)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (factfinder may accept or reject witness credibility)
