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Aguilera v. State

A jury found the appellant guilty of theft of property valued between $1,500 and $20,000. A suspect is in custody if the manifestation of probable cause, combined with other circumstances, would lead a reasonable person to believe that he is under restraint to the degree associated with an arrest. That the suspect thought he was in custody following his statement made to police is irrelevant. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-10-00304-CR, 12-29-2011.

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OPINION

A jury found appellant, Juan Aguilera, guilty of theft of property valued between $1,500 and $20,000.*fn1 Pursuant to an agreement between appellant and the State, the trial court assessed his punishment at two years’ confinement, suspended his sentence of confinement, and placed him on community supervision for three years. The conditions of appellant’s supervision included serving forty-five days in the Harris County Jail and paying $4,000 in restitution, among others. In four issues, appellant argues that the trial court erred (1) by denying his motion to suppress his confession; (2) by limiting his closing argument to fifteen minutes; (3) by denying his requested charge instruction on corroboration of the confession; and (4) by denying appellant’s motion for an instructed verdict. We affirm.

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