Choice v. State

OPINION

BRIAN HOYLE, Justice.

Timothy B. Choice appeals his conviction for theft of copper wire. A jury found him guilty and sentenced him to sixteen years of imprisonment and a fine of $2,500.00. He contends the evidence is legally insufficient to support the conviction and the trial court erred by denying his requested instruction on a lesser included offense. We affirm.

BACKGROUND

James Smith stores rolls of copper wire on his property for use in his work as an electrician. One afternoon, he and his wife returned to their home and saw a vehicle parked in front of their house. Smith attempted…