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Marco Antonio Martinez v. State
Citation: Not availableDocket: 01-16-00069-CR
Court: Court of Appeals of Texas; November 16, 2016; Texas; State Appellate Court
Original Court Document: View Document
Marco Antonio Martinez was convicted of theft of property valued between $500 and $1500 by a jury in Harris County, Texas, resulting in a one-year suspended confinement and one year of community supervision. The altercation leading to the conviction occurred on June 5, 2015, at a Super K convenience store between Martinez and Luis Fernando Castro, a newspaper distribution supervisor. The dispute escalated when Martinez hit Castro with a newspaper, prompting a physical confrontation during which Castro dropped his cell phone. Castro alleged that Martinez picked up the cell phone, demonstrated it to him, and then intentionally smashed it, claiming he never recovered the phone. Conversely, Martinez argued that the cell phone was his, which he had dropped during the fight. Houston Police Officer V. Vo, who responded to the incident, noted the confusion between the two similar iPhone 6 Plus models owned by both men. However, after reviewing video footage, Officer Vo concluded that the cell phone Martinez picked up belonged to Castro, as the video depicted Martinez slamming the phone against a concrete pillar, causing damage. Additionally, Vo testified that Martinez's own phone was undamaged when he allowed Martinez to call his wife from the store. In his appeal, Martinez contended that the evidence was insufficient to support the conviction, arguing he lacked intent to deprive Castro of his cell phone since he believed it was his. The appellate court applied the sufficiency of evidence standard from Jackson v. Virginia, considering the evidence in the light most favorable to the verdict. Ultimately, the court affirmed the conviction. Judicial authority does not allow for reevaluation of the jury's assessment of evidence or credibility, instead deferring to the jury's findings regarding conflicts in evidence (Isassi v. State, 330 S.W.3d 633, 638). Theft is defined under Texas law as unlawfully appropriating property with the intent to deprive the owner (TEX. PENAL CODE ANN. 31.03(a)). The determination of whether a rational jury could find the intent to deprive beyond a reasonable doubt is critical. The appellant claimed there was no intent to commit theft, arguing he retrieved his own sunglasses and cell phone. However, Castro testified that the cell phone appellant smashed belonged to him, not the appellant. Discrepancies in testimonies, such as differing accounts of appellant's actions following the incident, are for the jury to resolve. In favor of the verdict, the evidence, including Castro's testimony and supporting surveillance footage, indicates appellant picked up and destroyed Castro’s cell phone. The jury could reasonably disbelieve appellant's claim that the cell phone was his, especially given that he was seen using his own undamaged phone afterward. Consequently, the evidence is deemed sufficient to uphold the conviction for theft, leading to the overruling of the appellant's points of error and affirmation of the trial court’s judgment.