Delgado v. State

Rogelio Delgado appeals his conviction and sentence for burglary of an occupied conveyance, petit theft, grand theft of a motor vehicle, and kidnapping. The issue before us1 is whether Delgado committed kidnapping when he and a co-defendant jumped into a pickup truck left running by its driver and drove away with a two-year-old child asleep in the truck, seat-belted into the back seat. We conclude that there was sufficient evidence to support the jury’s verdict and therefore affirm the conviction.

The Truck and the Child: Testimony at Trial

In May 2006, Mr. Gonzalez drove his two-door pickup…