Batista v. State

OPINION

CANTU, Justice.

This is an appeal from a conviction for unauthorized use of a vehicle. TEX. PENAL CODE ANN. § 31.07 (Vernon 1974). The jury assessed punishment at five years’ confinement.

Appellant challenges the sufficiency of the evidence to support his conviction. Specifically, appellant’s first ground of error alleges that the evidence was insufficient to establish that the automobile appellant was operating was the automobile alleged in the indictment.

Officer David Gutierrez of the San Antonio Police Department testified at trial that while en route to a call on June 22,1984, he…