Martinez v. State

OPINION

In a bench trial, appellant was convicted of felony theft by check and given a two year probated sentence.

Appellant argues that the trial court erred in overruling his motion for instructed verdict based on insufficient evidence. After* moving for an instructed verdict, however, appellant put on a defense, thereby waiving any error. Kuykendall v. State, 609 S.W.2d 791, 794 (Tex.Crim.App.1980). Since appellant’s argument discloses that his real complaint is one of insufficient evidence, we shall review the sufficiency of the evidence. TEX.R.APP.P. 74(d); Seals v. State, 634 S.W.2d 899,…