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Wirth v. State

The appellant was convicted of the alleged offense of theft of $20,000 or more but less than $100,000. The court of appeals held that the evidence was legally insufficient. A reviewing court must view the evidence in the light most favorable to the verdict. Though the evidence was almost entirely circumstantial, the jury determination was not so outrageous that no rational trier of fact could agree. The court of appeals' judgment is reversed and the trial court's judgment is affirmed. Court of Criminal Appeals, No. PD-1054-11, 03-21-2012.

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Womack, J., delivered the opinion of the unanimous Court.

The appellant was convicted of the offense of theft of $20,000 or more but less than $100,000.*fn1 The Sixth Court of Appeals held that the evidence was legally insufficient to support the appellant’s conviction and rendered a judgment of acquittal.*fn2 The State, viewing the Court of Appeals’s opinion as conflicting with the opinions of this court as well as the Texas Rules of Appellate Procedure, filed a petition for discretionary review. We agree with the State that the Court of Appeals erred in its sufficiency analysis, and we shall reverse that Court’s decision and reinstate the appellant’s conviction.

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