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Lisa Crisp Dickinson v. State
13-16-00685-CR
| Tex. App. | Jul 27, 2017
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Background

  • 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)
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Case Details

Case Name: Lisa Crisp Dickinson v. State
Court Name: Court of Appeals of Texas
Date Published: Jul 27, 2017
Docket Number: 13-16-00685-CR
Court Abbreviation: Tex. App.