Esparza v. State

Decision Date22 May 1963
Docket NumberNo. 35751,35751
Citation367 S.W.2d 861
PartiesDaniel V. ESPARZA, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

Daniel V. Esparza, pro se.

James E. Barlow, Dist. Atty., James E. Hope, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is felony theft, with a conviction for an offense of like nature alleged for enhancement; the jury found appellant guilty of the primary offense only and assessed his punishment at five years.

The witnesses Mauldin and Ramsey were residing at the YMCA in San Antonio on the night in question and were up quite late at night; they observed a Ford automobile drive into a parking lot adjacent thereto and approach a Mercury automobile which was parked on the lot. The men who got out of the Ford pulled on the doors of the Mercury, which the witnesses recognized as the property of one Victor Munguia, another resident at the YMCA. One of the men drove away; they observed the other pushing the Mercury, awakened Munguia, called the police and descended the fire escape. After they reached the Mercury, the police arrived and questioned appellant.

Officer Norton testified that, in response to a call, he drove to a parking lot next to the YMCA, saw appellant push the Mercury 15 or 20 feet and then jump into the driver's seat, but the motor did not function, and, in answer to his questions, appellant said the Mercury belonged to his brother-in-law, but that when Mauldin and Ramsey arrived and informed him of the ownership of the Mercury he placed appellant under arrest.

Munguia testified that he was awakened and descended to the parking lot, where he found appellant and the parties heretofore named. He testified that his automobile had been moved 'a car and a half away from where I had it'; that the ignition wires had been cut and, in answer to a question as to its market value, stated that he paid $695.00 for it in 1960.

Appellant did not testify in his own behalf but called one Grauke, an inmate of the prison system, who testified that he had met appellant for the first time on the night in question; that appellant reported to him that he had run out of gasoline and asked him if he had an automobile to push him to a service station. He stated that he had seen the Mercury earlier in the night and told appellant that if he would walk with him to the parking lot he would get his automobile; that they did so and when they...

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19 cases
  • Bullock v. State
    • United States
    • Texas Court of Appeals
    • October 20, 2015
    ..."[t]he presence of the appellant behind the steering wheel while alone in the car parked at the 500 Club...."); Esparza v. State, 367 S.W.2d 861, 861–62 (Tex.Crim.App.1963) (defendant was present in the driver's seat of a car that would not start because the ignition wires had been cut); Kr......
  • Sanchez v. State
    • United States
    • Texas Court of Appeals
    • April 27, 2017
    ...of the Kelley Blue Book or similar sources. See Cooper v. State , 537 S.W.2d 940, 943 (Tex. Crim. App. 1976) ; Esparza v. State , 367 S.W.2d 861, 862 (Tex. Crim. App. 1963). Some challenges to property valuation require an objection during trial to preserve the issue for appeal while others......
  • Lucas v. State
    • United States
    • Texas Court of Criminal Appeals
    • April 8, 1970
    ...inspection of the car in question. It should be remembered that hearsay evidence is admissible as proof of market value. Esparza v. State, Tex.Cr.App., 367 S.W.2d 861; De La O v. State, Tex.Cr.App., 373 S.W.2d 501; Morris v. State, Tex.Cr.App., 368 S.W.2d 615. In Murphy v. State, 161 Tex.Cr......
  • Tinsley v. State, 43333
    • United States
    • Texas Court of Criminal Appeals
    • December 16, 1970
    ...dominion and control over the item to support a conviction for theft. Masters v. State, Tex.Cr.App., 437 S.W.2d 868; Esparza v. State, Tex.Cr.App., 367 S.W.2d 861; Bryant v. State, 122 Tex.Cr.R. 385, 55 S.W.2d In this same connection appellant also urges the evidence is insufficient 'to sho......
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