Legal Opinion

State v. Martin Joseph Leverett

Texas Court of Appeals, 9th District (Beaumont)

Decided May 8, 2013No. 09-12-00456-CRPublished

1Opinion of the Court

OPINION

HOLLIS HORTON, Justice.

In this appeal, the State argues the trial court erred by quashing Martin Joseph Leverett’s indictment. We hold the trial court properly quashed the indictment. We affirm the trial court’s order.

Background

The State indicted Leverett for felony theft. Specifically, the indictment the trial court quashed alleges:

[Leverett] ... did then and there unlawfully appropriate by acquiring and otherwise exercising control over property other than real property, to wit: gold and jewelry, of the value of at least $1,500.00 but less than $20,000.00 from the owner, [M.M.],…

2Cases cited3 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 2010
  2. Welch v. StateCourt of Criminal Appeals of Texas · 1976
  3. State v. San Juanita Czaplinski, Texas Court of Appeals, 3rd District (Austin)1997

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