Sepulveda v. State

OPINION

UTTER, Justice.

A jury found appellant guilty of criminal mischief and the court assessed punishment at 30 days in the county jail, probated, and a $150.00 fine. The appellant contends that the case should be reversed and a judgment of acquittal entered. The State, acknowledging that appellant’s third point should be sustained, concedes reversible error, but maintains that the case should be remanded for a new trial. We reverse the judgment and remand the cause for a new trial.

In his first point of error, appellant contends the evidence is insufficient to support the verdict because the…