Lembcke v. State

Blackburn, Presiding Judge.

Following a jury trial, Tiphany Lynne Lembcke appeals her convictions for making false writings and for making a false report of a crime to police. She challenges the sufficiency of the evidence, including specifically the evidence of venue, and further argues that the court erred in failing sua sponte to charge the jury on her sole defense of mistake of fact. We hold that no evidence proved venue on either count and therefore reverse.

1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the…