Sammie Darrell Davis v. State
14-14-00778-CR
| Tex. App. | Dec 10, 2015Background
- Davis was convicted of third-degree felony theft and sentenced to 40 years; habitual-offender enhancement applied.
- Complainant, a diamond purchaser, had diamonds, cash, and gemology tools in a backpack in his vehicle during surveillance.
- Two vans (green and silver) followed the complainant; appellant was observed in the green van and interacted with the other driver.
- A passenger in the green van grabbed the backpack from the complainant’s vehicle and fled; police later recovered items from a red car linked to Davis.
- The owner of the stolen property was the complainant’s employer; the complainant possessed the items with custody for the owner.
- Davis challenged sufficiency of the evidence and challenged the denial of his motion for new trial based on juror experimentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove theft without consent | Davis argues ownership not proven; company owned items. | State contends owner includes complainant with entrusted possession; sufficient evidence of non-consensual appropriation. | Legally sufficient evidence; conviction affirmed. |
| Juror experimentation and motion for new trial | Davis alleges juror misconduct from an experimental identification during deliberations. | State argues no preserved error and trial court credibility determinations warranted denial. | No abuse of discretion; motion for new trial denied. |
Key Cases Cited
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (standard for reviewing sufficiency of evidence)
- Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) (defers to jury’s credibility determinations)
- Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) (verdict-supported by proof beyond reasonable doubt)
- Fuentes v. State, 991 S.W.2d 267 (Tex. Crim. App. 1999) (trier of fact credibility and conflicting testimony)
- Garza v. State, 344 S.W.3d 409 (Tex. Crim. App. 2011) (owner concept in theft statute)
- McDuff v. State, 939 S.W.2d 607 (Tex. Crim. App. 1997) (sufficiency review framework)
- Byrd v. State, 336 S.W.3d 242 (Tex. Crim. App. 2011) (hypothetically correct jury charge standard)