McClendon v. State
McClendon v. State
Opinion of the Court
OPINION
Darlene McClendon twice walked into the Snack Shack and Meat Market with someone else’s food stamp cards. She charged a total of $214 to the victims’ cards, but only got $160 cash back. Is this evidence sufficient to prove that she obtained a value of $200 or more? We conclude that it is.
Facts
In the fall of 1996, the Houston Police Department and the Texas Department of Human Services began an investigation into the illegal use of Electronic Benefit Transfer (EBT) cards at a convenience store in Houston. At the Snack Shack and Meat Market, Officer Loan Truong acted as a cashier in order to monitor the use of the EBT cards. On December 3, 1996, McClendon entered the Snack Shack and unlawfully used Stephanie Earl’s EBT
Procedural History
McClendon was found guilty of the illegal use, redemption and transfer of food stamp benefits for a total value of over $200.
Analysis
When reviewing the legal sufficiency of the evidence, we look at the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
Texas Human Resource Code § 33.011 provides, in relevant parts, as follows:
(a) A person commits an offense if the person knowingly uses, alters, or transfers food stamp benefit permits in any manner not authorized by law. An offense under this subsection is a Class A misdemeanor if the value of the food stamp benefit permits is less than $200 and a felony of the third degree if the value of the food stamp benefit permits is $200 or more.
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(f) For the purposes of Subsections (a) and (b), the value of food stamp benefit permits is the cash or exchange value obtained in violation of this section.
The Court of Appeals held that “under the statutory definition of ‘value,’ [McClendon] only obtained $160.”
McClendon argues that Abu-Ein v. State
Conclusion
Because we find that the value obtained by McClendon was $214, we conclude the evidence was legally sufficient to convict. We reverse the decision of the Court of Appeals and remand this case to that Court to consider McClendon’s remaining points of error.
. Tex. Hum. Res.Code § 33.011 (Vernon Supp. 1996).
. McClendon v. State, 994 S.W.2d 706 (1999).
. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
. McClendon, 994 S.W.2d at 708.
. Abu-Ein v. State, 921 S.W.2d 807 (1996).
Reference
- Full Case Name
- Darlene McCLENDON v. The STATE of Texas
- Cited By
- 1 case
- Status
- Published