Ellis v. State

OPINION

DUNN, Justice.

A jury convicted the appellant of theft, found two enhancement paragraphs to be true, and assessed punishment at 45 years confinement. We reverse and order a judgment of acquittal.

In his sole ground of error, appellant contends that there was insufficient evidence arising from his possession of recently stolen property to support an inference of guilt.

The record reveals that on March 15, 1984, Rick Cogsgrove, the complainant, parked his truck near the building in which he worked. He did not see the truck again until the next day when he reclaimed it from a storage yard…