Mark John Thede v. State, 05-14-00525-CR

On July 8, 2012, Mark John Thede (appellant) confronted Karla and Matthew Yon in a restaurant parking lot, demanded a lighter, and kicked and hit the family SUV while the Yons and their children were nearby.
Officers arrested Thede for public intoxication; after witness statements and photos, police added a criminal mischief charge.
Travelers Insurance’s adjuster testified an appraiser identified three new dents and estimated body repairs at $2,204.20; after discovering transmission damage, the insurer totaled the 2000 Ford Explorer and paid a fair market value of $3,409 (separate from body-damage estimate).
A jury convicted Thede of criminal mischief (state jail felony: loss > $1,500 and < $20,000). Trial court sentenced him to 22 months in the state jail and ordered $2,300 restitution.
The trial record also reflects two contempt findings (for leaving the courthouse during trial), each carrying 180 days’ county jail to run concurrently with each other but consecutively to the state-jail sentence; those contempt proceedings were collateral and not before the court on appeal.
The appellate court concluded the judgment conflated the contempt sentences with the criminal mischief sentence and modified the judgment to reflect only the 22-month state-jail sentence for criminal mischief, then affirmed as modified.

Issue	State's Argument	Thede's Argument	Held
Whether the trial court’s judgment should be modified to reflect the correct punishment for the criminal mischief conviction	Judgment should be corrected to reflect 22 months’ state-jail confinement for criminal mischief (contempt sentences are separate)	(Implicit) Thede challenged the accuracy of the judgment’s punishment language	Court modified the judgment to state only: “TWENTY TWO (22) MONTHS STATE JAIL DIVISION, TDCJ,” and deleted the 180-day county-jail language; issue sustained
Whether the evidence was sufficient to support a conviction for criminal mischief (pecuniary loss ≥ $1,500)	Testimony from the insurance adjuster and Yons—body repair estimate $2,204.20 plus evidence vehicle was totaled and fair market value $3,409—supported jury finding that loss was ≥ $1,500	Argued insurer’s fair market valuation included damages not caused by Thede and State failed to isolate repair cost for only the damage he caused	Court held evidence sufficient: adjuster’s testimony and witness accounts permitted a rational jury to find pecuniary loss ≥ $1,500 but < $20,000; issue overruled

Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (court may reform an incorrect judgment to make the record speak the truth)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence: whether any rational trier of fact could have found guilt beyond reasonable doubt)
Matlock v. State, 392 S.W.3d 662 (Tex. Crim. App. 2013) (applies Jackson sufficiency standard in Texas)
Campbell v. State, 426 S.W.3d 780 (Tex. Crim. App. 2014) (insurance adjuster testimony can establish cost of repair/fair market value for pecuniary loss)
Elomary v. State, 796 S.W.2d 191 (Tex. Crim. App. 1990) (insurance payment/adjuster testimony may prove pecuniary loss in criminal mischief)
Lancon v. State, 253 S.W.3d 699 (Tex. Crim. App. 2008) (factfinder is sole judge of witness credibility and may accept or reject testimony)