Ronicesha Cherron Wearren v. State
03-15-00445-CR
| Tex. App. | Nov 30, 2015Background
- Appellant Ronicesha Wearren was convicted by a jury of state-jail felony theft for taking ~25 metal fence panels from Juan Rodriguez’s vacant lot in Creek Place subdivision and selling them to a scrap yard; punishment: 14 months in state jail.
- Rodriguez had received the panels in trade for mechanical work, stacked them ~160 feet from the street and intended to use them for fencing; he reported them stolen after they were removed and scrapped.
- Deputy located panels at Centex Scrap & Metal; Wearren admitted she removed and sold two loads, led officers to the lot, and said she believed some panels were abandoned.
- The scrap yard crushed most panels, making inspection impossible; Lowe’s (original seller) quoted $4,000 replacement cost for the panels.
- Indictment alleged value $1,500–<$20,000 and that Wearren unlawfully appropriated the property with intent to deprive Rodriguez.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence as to value (≥ $1,500) | Replacement cost may be used when fair market value cannot be ascertained; Lowe’s estimate $4,000 supports indictment range | No direct proof of fair market value; owner did not buy panels, only received them in trade | Evidence sufficient: replacement cost admissible; $4,000 supports verdict |
| Sufficiency of evidence as to intent to deprive (claim of abandonment) | Acts (entering lot without consent, gathering deep-stacked panels, hauling and selling them) support intent to deprive; owner had greater right to possession | Wearren testified she thought panels were abandoned and thus lacked intent to steal | Evidence sufficient: jury credited owner and rejected abandonment; taking from owner’s property without consent supports intent |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard of review for sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (1979) (due process requires proof beyond a reasonable doubt; appellate sufficiency standard)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (deference to factfinder on credibility and conflicting evidence)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (weight and credibility of evidence for jury determination)
- McGee v. State, 715 S.W.2d 838 (Tex. App.—Houston [14th Dist.] 1986) (replacement cost admissible when fair market value cannot be ascertained)
- Sullivan v. State, 701 S.W.2d 905 (Tex. Crim. App. 1986) (owner may testify as to value; values include replacement cost)
- Ingram v. State, 261 S.W.3d 749 (Tex. App.—Tyler 2008) (abandonment requires intent plus act; owner of real property retains superior right to personal property found there)
- Worsham v. State, 120 S.W. 439 (Tex. Crim. App. 1909) (definition and elements of abandonment)