Beardsley v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Robert Beardsley was convicted by a jury of third degree felony theft pursuant to V.T.C.A., Penal Code, Section 31.03. The court assessed punishment at five years’ imprisonment. He appealed his conviction to the Dallas Court of Appeals. The court found the evidence insufficient to support the conviction and reversed. Beardsley v. State, 696 S.W.2d 214 (Tex.App.—Dallas 1985). We disagree.

According to the evidence introduced at trial, Beardsley, with the aid of Delmus Kelley, rented a red 1984 Chevrolet from Holiday Payless…