John Berg v. State Texas Book Reviews

John Berg v. State Texas by En Banc Court of Criminal Appeals of Texas Book Summary

Appellant was convicted of third degree felony theft under V.T.C.A., Penal Code, Section 31.03(a) and (b)(1). He was sentenced to three years imprisonment. On original appeal, appellant argued that the evidence was insufficient to support his conviction. In an unpublished opinion, the Eastland Court of Appeals disagreed and found the evidence sufficient. Berg v. State, No. 11-82-074-CR, delivered March 24, 1983 (Tex.App.-Eastland 1983). We granted appellants petition for discretionary review to examine the sufficiency of the evidence. On original submission to this Court, Judge Miller, writing for the majority, found the evidence sufficient and affirmed the conviction. Appellant now urges on rehearing that the resolution of his case hinges entirely on the interpretation of the theft statute (31.03, supra), which appears in the case of Casey v. State, 633 S.W.2d 885 (Tex.Cr.App. 1982). Appellant accordingly argues that upon original submission this Court wrongly applied the Casey rationale to the facts of his case.

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