Shipp v. State
2011 Tex. Crim. App. LEXIS 159
| Tex. Crim. App. | 2011Background
- Appellant Shipp was indicted for forgery under Texas Penal Code §32.21; the State amended to charge as a 'commercial instrument' enhancing punishment to a state jail felony.
- Trial evidence showed Shipp forged a Wal-Mart store receipt and attempted to leave with merchandise; receipt discrepancies were found.
- The trial court denied a directed verdict; jury convicted of forging a commercial instrument with enhancements for prior felonies, resulting in 20 years' imprisonment and $10,000 fine.
- Court of Appeals held the evidence insufficient to prove a 'commercial instrument' and thus reversed, acquitting on the enhanced offense.
- Texas Court of Criminal Appeals granted discretionary review to resolve whether the store receipt qualifies as an 'other commercial instrument' under §32.21(d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Wal‑Mart store receipt is an 'other commercial instrument' under §32.21(d). | Shipp argued receipt is not a commercial instrument. | Shipp (State) contends receipt fits within 'commercial instrument' category. | Receipt qualifies as 'other commercial instrument' under §32.21(d). |
| Whether the evidence was legally sufficient to convict as an enhanced state jail felon. | State contends sufficient to support enhancement. | Shipp contends no sufficient link to 'commercial instrument'. | Evidence sufficient to support enhanced state jail felony conviction. |
Key Cases Cited
- Ramos v. State, 303 S.W.3d 302 (Tex.Crim.App. 2009) (defined 'instrument' in common usage for forgery purposes)
- Shipp v. State, 292 S.W.3d 267 (Tex.App.-Texarkana 2009) (ejusdem generis applied to §32.21(d); trial-issue discussion)
- Collier v. State, 999 S.W.2d 779 (Tex.Crim.App. 1999) (previous guidance on lesser offenses for forgery)