Logan v. State

48 S.W.3d 296, 2001 WL 409746
CourtCourt of Appeals of Texas
DecidedMay 3, 2001
Docket06-00-00183-CR
StatusPublished
Cited by22 cases

This text of 48 S.W.3d 296 (Logan 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
Logan v. State, 48 S.W.3d 296, 2001 WL 409746 (Tex. Ct. App. 2001).

Opinions

OPINION

ROSS, Justice.

Nancy Logan appeals her conviction for insurance fraud. She was alleged to have prepared and submitted a false statement of property lost or damaged in a house fire for purposes of recovery under her homeowner’s insurance policy. The value of the claim was alleged to be $200,000.00 or more; however, the jury was also charged on lesser included offenses corresponding to lower jurisdictional amounts, i.e., (1) greater than or equal to $100,000.00, but less than $200,000.00; (2) greater than or equal to $20,000.00, but less than $100,000.00; (3) greater than or equal to $1,500.00, but less than $20,000.00; and (4) greater than or equal to $500.00, but less than $1,500.00.

The jury convicted Logan of the lesser included offense corresponding with the jurisdictional amount of greater than or equal to $20,000.00, but less than $100,000.00. It assessed her punishment at seven years’ confinement, but recommended she be placed on community supervision. The trial court suspended the imposition of Logan’s punishment and placed her on seven years’ community supervision.

Logan challenges the legal and factual sufficiency of the evidence. In reviewing the legal sufficiency of the evidence, we look to see whether after viewing all of the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979); Lane v. State, 933 S.W.2d 504, 507 (Tex.Crim.App.1996). We must evaluate all of the evidence in the record, both direct and circumstantial, whether admissible or inadmissible. Johnson v. State, 871 S.W.2d 183, 186 (Tex.Crim.App.1993).

Under a factual sufficiency analysis, we examine whether a neutral review of all the evidence, both for and against the finding, demonstrates that the proof of guilt is so obviously weak as to undermine confidence in the jury’s determination, or the proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000); see also Clewis v. State, 922 S.W.2d 126, 129 (Tex.Crim.App.1996). Accordingly, we reverse the fact finder’s determination only to arrest the occurrence of a manifest injustice. Johnson, 23 S.W.3d at 12. Otherwise, we must give due deference to the fact finder’s determinations concerning the weight and credibility of the evidence. Id, at 9.

As alleged in the indictment, the State had to prove (1) that Logan caused to be [300]*300prepared, or that she presented, a statement to an insurer in support of a claim for payment under a property and casualty insurance policy; (2) that the statement contained false or misleading information; (3) that she knew the statement contained false or misleading information; (4) that she caused it to be prepared, or presented it, with intent to defraud or deceive the insurer; (5) that the information pertained to a matter material to the claim, in that it concerned whether property was damaged or lost in the manner and under the circumstances described in a statement related to a claim for insurance payment; (6) that the matter affected her right to a payment or the amount of a payment; and (7) that the value of the claim was greater than $200,000.00. See Tex.Pen.Code Ann. § 35.02 (Vernon Supp.2001). A statement is an oral or written communication or a record or documentéd representation of fact evidencing a loss, injury, or expense. Tex.Pen.Code Ann. § 35.01(5) (Vernon Supp.2001).

The evidence showed that Logan took out a homeowner’s insurance policy from State Farm Insurance five days before her house fire. She filed a sworn statement in proof of loss, in which she claimed the cause of her loss was the house fire. The statement also contains three columns, one for actual cash valúe, one for replacement cost value, and one for amount claimed. She claimed a loss of $180,000.00 for the house. Regarding personal property, the column for replacement cost value is listed at $108,000.00, while the columns for actual cash value and amount claimed were left blank.

State Farm’s claims adjuster, Kim Olson, admitted that the statement in proof of loss does not constitute a claim for personal property, but asserted that the personal property inventory forms filed in support of Logan’s claim do constitute a claim for personal property. Olson testified that State Farm uses those forms in evaluating a claim and determining whether to pay on the claim and the amount to be paid.

Olson testified that she gave Logan blank inventory forms, explained to her the purpose of the forms, and told her to sign each form when she completed it. Above the signature line on each form is a statement that reads, “The above information is true to the best of my knowledge.” She testified that Logan sent the inventory forms to her three times. The forms were unsigned the first two times, and Olson sent them back to Logan with instructions for her to sign them. The third time, they were returned signed “Nancy Logan.”

Lance Hall, an investigator for the Texas State Fire Marshall’s Office, testified that in his opinion, the fire at Logan’s house was the result of arson. He testified that his investigation further revealed that Logan’s credit union had begun foreclosure proceedings on her house. He stated that he interviewed witnesses who said that Logan boxed and moved items of personal property out of her house in the days before the fire.

Hall testified that pursuant to a search warrant, he seized items of personal property from Logan’s rental house, where she lived after the fire. The items included family photographs and photograph albums, several videotaped movies, a letter and framed picture from President Ronald Reagan’s inauguration, some Gone With the Wind figurines, and a family Bible. During his testimony, Hall compared the items seized to items listed on the inventory forms submitted in support of Logan’s claim. He testified that witnesses who had been in Logan’s house before the fire and in her rental house after the fire identified items of her personal property in her [301]*301rental house as things that had also been in the house that burned.

Logan contends the evidence is insufficient to prove (1) that she intended to defraud or deceive, (2) that she caused a statement to be prepared or that she presented a statement, (3) that the property the State presented at trial is the same as the property on the inventory forms, (4) that the allegedly false information is material, (5) that the information affected her right to a payment or the amount of a payment, and (6) that the value of the property was sufficient to correspond to the jurisdictional amount of the offense. We analyze each of these contentions below.

Intent to Defraud or Deceive

Logan contends the evidence does not show she intended to defraud or deceive because the evidence shows that she sent the inventory forms in three times. The first two times she sent in the forms, the company sent them back with instructions for completing them.

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Bluebook (online)
48 S.W.3d 296, 2001 WL 409746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-state-texapp-2001.