Betancourt v. State

657 S.W.2d 451, 1983 Tex. App. LEXIS 4436
CourtCourt of Appeals of Texas
DecidedMay 5, 1983
Docket13-81-098-CR
StatusPublished
Cited by10 cases

This text of 657 S.W.2d 451 (Betancourt v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Betancourt v. State, 657 S.W.2d 451, 1983 Tex. App. LEXIS 4436 (Tex. Ct. App. 1983).

Opinions

OPINION

NYE, Chief Justice.

Appellant was convicted of theft of property of the value of over $10,000.00. The trial court assessed punishment at five years’ imprisonment. The indictment upon which appellant’s conviction was based charges him with eight separate thefts from the same individual, totalling $15,-600.00. The indictment also charges that the thefts constitute one scheme and continuing course of conduct. Tex.Penal Code Ann. § 31.09 (Vernon 1974).

First, we consider appellant’s challenge of the sufficiency of the evidence to sustain his conviction. At all the times alleged in the indictment, the appellant was employed as a claims representative for the Farmers [453]*453Insurance Company (Farmers). The appellant’s duties with the company included the settlement of claims against the company for losses covered by policies of insurance issued by the company. As a claims representative, the appellant had the authority to issue bank drafts on company funds in payment of settled claims. As part of its internal security system, Farmers routinely sends loss confirmation letters at random to claimants whom its records show have been paid for losses claimed. After two such letters mailed to claimants in the appellant’s area were returned along with denials that monies disbursed had been received, Farmers initiated an investigation. That investigation culminated in the indictment upon which appellant’s conviction in this cause is based.

The State’s theory was that the appellant, in the course of settling claims with certain individuals, wrote several drafts instead of a single lump sum settlement. To each of these claimants, appellant would present the checks, together or separately, along with various forms for his or her signature. In the exchanges, according to the prosecution, appellant would withhold a single draft, representing part of the settlement. Through deception, appellant would obtain the claimant’s endorsement or he would forge it. He would then, with the aid of accomplices, convert the drafts to cash.

This is a circumstantial evidence case, and we must review the sufficiency of the evidence with this in mind. The Court of Criminal Appeals has redefined recently the standard which appellate courts in this State are to apply in reviewing the sufficiency of the evidence in circumstantial evidence cases. See Carlsen v. State, 654 S.W.2d 444 (Tex.Cr.App.1983); Wilson v. State, 654 S.W.2d 465 (Tex.Cr.App.1983). In reviewing convictions based solely on circumstantial evidence, the Court of Criminal Appeals has now dictated that we are to view the evidence in the light of the presumption that the accused is innocent, rather than in the light most favorable to the verdict. Carlsen, supra.

This redefinition has not altered other portions of the rules appellate courts use in reviewing the sufficiency of circumstantial evidence. As noted in Wilson, supra, and Carlsen, supra, an appellate court will sustain the conviction only if the circumstances exclude every reasonable hypothesis except that of the defendant’s guilt. Moore v. State, 640 S.W.2d 300 (Tex.Cr.App.1982). In addition, an appellate court will not presume any acts against the accused that are not shown to have been committed by him. Culmore v. State, 447 S.W.2d 915 (Tex.Cr.App.1969). Proof amounting only to a strong suspicion is insufficient. Flanagan v. State, 620 S.W.2d 591 (Tex.Cr.App.1981).

It is not necessary, of course, that every fact proven point directly and independently to the guilt of the defendant so long as the combined force of all the circumstances negates any reasonable hypothesis other than the defendant’s guilt. Jones v. State, 442 S.W.2d 698 (Tex.Cr.App.1969), cert. denied, 397 U.S. 958, 90 S.Ct. 967, 25 L.Ed.2d 143 (1970). It is this standard, viewing the evidence in the light of the presumption that the defendant is innocent, which we are bound to apply to the facts and circumstances of this case.

Eight claimants testified at appellant’s trial. None had any significant formal education, and none was proficient at reading or writing English. Some could not speak English. All testified that the appellant was the individual who handled their claims and from whom they had received partial payments for their losses. Each identified a number of checks which they had received and cashed as part of their settlements. Each identified a check which was made out to him or her or a relative, as payee, and which bore his or her purported signature in the appropriate place for endorsement. With regard to each of these eight checks, each of the witnesses denied having received the amount of money represented by the check, and further denied having knowingly or intentionally endorsed the same. Some denied altogether that the signature was actually theirs. All of the claimants [454]*454testified that they met with the appellant one or more times and that, in the course of these meetings, at the request of the appellant, they signed numerous pieces of paper which the appellant assured them was necessary for the settlement of their claims. With one exception, all of the claimants denied ever having been to the bank where the checks in question were cashed.

The checks in question were all cashed at the same bank, the First State Bank & Trust Company of Mission, Texas. Ruben Rivas, an officer at the bank, identified the appellant as someone he had known for at least a year and one-half. He stated that the appellant would bring clients in to cash their settlement checks and that Rivas would authorize the cashing by initialing the checks. At first he would require identification, but later did not do so, trusting the appellant and relying on bank tellers to check identification. Later, the appellant would telephone that he was sending someone over with a check, and Rivas would initial it when the individual presented the draft, saying that appellant had sent him in. Rivas also identified his initials on the drafts which the State alleged as stolen. The only teller who testified stated that, of the checks she cashed, she never required identification because she relied upon the initials of the bank officer. Rivas could identify none of the above-mentioned claimants except one, who is a regular customer at his bank. He testified that none of the claimants were among those who had come to the bank requesting his approval for the cashing of an insurance check. Both Rivas and the cashier denied any involvement in any scheme to steal insurance money.

Philip Jackson, appellant’s supervisor at Farmers, testified that he had actual care, custody and control over the company monies, had a greater right to them than appellant, and that he never authorized the appellant to cash checks or write drafts which the claimants never received payment on.

Appellant argues that State’s Exhibits 1-28, the bank drafts involved in the claim settlements in question, were hearsay and of no probative value against the appellant.

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Betancourt v. State
657 S.W.2d 451 (Court of Appeals of Texas, 1983)

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Bluebook (online)
657 S.W.2d 451, 1983 Tex. App. LEXIS 4436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betancourt-v-state-texapp-1983.