M. T. B., Matter of, 6688
| Decision Date | 17 May 1978 |
| Docket Number | No. 6688,6688 |
| Parties | In the Matter of M. T. B., Appellant. |
| Court | Texas Court of Appeals |
Kerr, Fitz-Gerald & Kerr, Ted M. Kerr, Midland, for appellant.
Leslie C. Acker, County Atty., L. Jean Wallace, Asst. County Atty., Midland, for appellee.
This appeal is from a judgment of the Juvenile Court in Midland County which declared that M.T.B. had engaged in delinquent conduct within the meaning of Sec. 51.03 of the Texas Family Code, and placed him on probation. We reverse and remand.
The petition alleged that M.T.B., a minor, destroyed two tires on a car owned by Mrs. L. W. Hough, and two tires on a car owned by Dr. Joe T. Smith. The cars were parked on a parking lot at Lee High School in Midland, where Dr. Smith was principal, Mrs. Hough was a teacher, and M.T.B. was a student. The tires were apparently punctured in the sidewalls.
Mrs. Hough did not testify and the County Attorney acknowledges that there is not sufficient proof in the record to support findings of the alleged offense involving the tires on her car.
Dr. Smith did testify. He said that when he inspected his car after the offense was reported, he found that he had two flat tires. He described the tires as being "those Michelin, five (sic) thousand miles, steel-belted radials." He said they had about 19,000 or 20,000 miles on them and had been driven for approximately two years. He testified that the tires cost $135.00 each when he bought them, and the two replacement tires cost a total of $183.07. There is no proof in the record of the fair market value of the two tires in question which were alleged to have been destroyed.
The minor was charged with an offense constituting criminal mischief under Sec. 28.03, Tex.Penal Code Ann. The rule for determining the amount of the pecuniary loss and thus the seriousness of the offense is set forth in Sec. 28.06, Tex.Penal Code Ann. It provides in paragraph (a) that if the property is destroyed, the amount of the loss is:
In connection with the proof actually made, the Appellee's brief says: ...
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Prejean v. State
...v. State, 377 S.W.2d 205 (Tex.Crim.App.1964). Without evidence of the amount of loss, the offense charged is unsupported. See In re M.T.B., 567 S.W.2d 46 (Tex.Civ.App.--El Paso 1978, no writ) (juvenile delinquency proceeding based on sec. 28.03). Because the amount of loss is therefore an e......
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Deas v. State, 582-84
...of the garage door at the time of the incident, but based his opinion solely on what he had paid to replace the door. See In the Matter of M.T.B., 567 S.W.2d 46 (Tex.App.-El Paso 1978, no writ), and Phillips v. State, 672 S.W.2d 885 (Tex.App.-Dallas Having found the evidence insufficient to......
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Phillips v. State, 05-83-01307-CR
...and, therefore, the replacement cost of the tires was not proper evidence of pecuniary loss. Appellant relies on In the Matter of M.T.B., 567 S.W.2d 46 (Tex.Civ.App.--El Paso 1978, no writ). In that case, the court held that there must be proof of the fair market value of the property befor......