Stephen F. Hefner v. State Texas Book Reviews

Stephen F. Hefner v. State Texas by Second District, Fort Worth Court of Appeals of Texas Book Summary

Stephen F. Hefner was convicted by a jury of theft of $750 or more but less than $20,000. The jury assessed punishment at ten years confinement and recommended to the court that the sentence be probated. The trial court probated Hefners sentence and, as a condition of Hefners probation, ordered that Hefner pay $35,500 in restitution to the Grayson County Attorneys office. Hefner asserts fourteen points of error on appeal. Hefner argues that the . trial court erred: (1) by including in the charge to the jury a definition not supported by the evidence; (2) in ordering appellant to pay $35,500 in restitution; (3) in overruling appellants motion for an instructed verdict; (4) in refusing appellants request for a mistrial; (5) by entering a judgment of conviction because the evidence is insufficient to support the conviction; (6) in failing to require the State to elect the theory relied upon regarding the complainants lack of effective consent; (7) in allowing the court reporter to read back testimony; (8) in admitting a particular letter into evidence; (9) in refusing to give a limiting instruction regarding the letter the trial court admitted into evidence; (10) in failing to charge the jury on the defense of mistake of fact; (11) in failing. to charge the jury on the defense of mistake of law; (12) in failing to instruct the jury that under the Disciplinary Rules of the State Bar of Texas, a lawyer may advance a good faith claim for the extension, modification, or reversal of existing law; (13) in failing to instruct the jury that an attorney, under the Disciplinary Rules of the State Bar of Texas, shall not fail to carry out a contract for employment entered into with a client for professional services; and (14) because the evidence is insufficient to support the conviction. We agree with Hefners second point of error; accordingly, we order that the probation order be modified to reflect that Hefner, as a condition of probation, pay restitution of $20,000 to the Grayson County Attorneys Office. We disagree with each of Hefners remaining points of error. Consequently, we affirm the judgment of the trial court as modified.

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