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Ashire v. State

The standard for reviewing the factual sufficiency of the evidence is whether, after considering all of the evidence in a neutral light, the jury was rationally justified in finding guilt beyond a reasonable doubt. Here, the jury was rationally justified in convicting appellant of theft of property and of securing execution of a document by deception of a person at least 65 years old. Houston Court of Appeals, Nos. 01-07-00681-CR & 01-07-00682-CR, 09-17-2009

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OPINION

A jury convicted appellant, David Ashire, of theft of property valued over $100,000 and under $200,000 and assessed punishment at life in prison and a fine of $10,000 (trial court cause number 1110302; appellate cause number 01-07-00681-CR). See Tex. Penal Code Ann. §§ 31.03(e)(6) (Vernon Supp. 2008), 31.09 (Vernon 2003). The jury also convicted appellant of securing execution of a document by deception of a person at least 65 years old, namely, a purchasing document for a GMC truck valued over $20,000 and under $100,000, and the jury assessed punishment at 20 years in prison and a fine of $10,000 (trial court cause number 1110303; appellate cause number 01-07-00682-CR). See id. § 32.46(a)(1), (b)(5), (c-1) (Vernon Supp. 2008). Appellant challenges the legal and factual sufficiency of the evidence supporting each conviction. He also challenges the trial court’s admission of testimony regarding an unadjudicated extraneous offense and victim-impact testimony about this offense during the punishment phase.

We affirm.

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