Victor Manuel Gallegos v. State
08-14-00276-CR
| Tex. Crim. App. | Dec 9, 2015Background:
- Gallegos was charged with five misdemeanors arising from June 26, 2011, incidents at the Nova Luna bar parking lot, tried jointly with co-defendant Julio Acosta.
- Security observed Acosta removing hubcaps and checking vehicle doors while Gallegos allegedly acted as a lookout; deputies chased and arrested both men; stolen items were found in Gallegos’s car.
- Acosta pleaded guilty to several offenses in a separate proceeding and testified that he broke into cars but that Gallegos did not assist.
- Gallegos testified he was intoxicated, denied acting as a lookout, and claimed he tried to stop Acosta; the jury was instructed on party liability and convicted Gallegos on all five counts.
- The information for the theft charge specifically alleged the owner of the hubcaps was "Phillip Luna." The State conceded there was no evidence proving Phillip Luna owned the hubcaps.
- The court of appeals reviewed sufficiency of the evidence under Jackson/Brooks and reversed Gallegos’s theft conviction, rendering a judgment of acquittal for that count.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gallegos) | Held |
|---|---|---|---|
| Whether evidence proved ownership of the hubcaps as alleged | State argued evidence showed hubcaps were stolen from trucks in parking lot and items were in Gallegos’s car (supporting theft) | Gallegos argued there was no proof that Phillip Luna owned the hubcaps alleged in the information | Reversed and acquitted: no evidence established Phillip Luna as owner, so theft conviction legally insufficient |
Key Cases Cited
- Saldano v. State, 70 S.W.3d 873 (Tex.Crim.App. 2002) (court must independently review confessed errors in criminal cases)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (discussing Jackson sufficiency standard under Texas law)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
- Byrd v. State, 336 S.W.3d 242 (Tex.Crim.App. 2011) (State must prove ownership allegation in the charging instrument)
- Freeman v. State, 707 S.W.2d 597 (Tex.Crim.App. 1986) (burden on State to prove alleged owner when charged)
- Dobbs v. State, 434 S.W.3d 166 (Tex.Crim.App. 2014) (factfinder is sole judge of witness credibility)
- Isassi v. State, 330 S.W.3d 633 (Tex.Crim.App. 2010) (appellate court must not reweigh evidence)