Gutierrez v. State

OPINION

BUTTS, Justice.

This is the companion case to Cantu v. State of Texas, 625 S.W.2d 56 (1981) and is an appeal from a conviction for the offense of Theft of Property, $200 — $10,000. After a joint jury trial, the appellant was found guilty. The court assessed punishment at five (5) years’ confinement, but suspended the imposition of sentence and granted five (5) years’ probation. The sufficiency of the evidence is not challenged on appeal.

The record reflects that at approximately 3:00 a. m. on March 27, 1978, Victoria Gra-nado was awakened by a knock on the door and she saw two males…