· 2/24/2016
Rocha, Natalie Cole
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “unanimity requires that the jurors agree that the threshold amount has been reached and that all the elements are proven for each specific instance of theft that the individual juror believes to have occurred”
- under section 31.09, the indictment need not allege the specific acts of theft and a jury charge that tracks the indictment is proper
- “Each individual theft and its elements aggregated under Section 31.09 is an element of the single offense created by Section 31.09.”
- “Every instance of theft need not be unanimously agreed upon by the jury.”
- “[T]he text of Section 31.09 shows a legislative intent to treat the ‘scheme or continuing course of conduct’ as the culpable criminal behavior rather than each individual theft used to prove the scheme or course of conduct.”
- overruling jury charge complaint where jury charge tracked the indictment
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.