Spector v. State

GAMMAGE, Justice.

Laura Hodnick Spector appeals from a judgment of conviction for destroying evidence. Tex.Pen.Code Ann. § 37.09(a)(1) (1974). The jury assessed punishment at 30 days in jail and $1000 fine. We will reverse the conviction and reform the judgment to show an acquittal.

Section 37.09 provides in pertinent part:(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:(1) alters, destroys, or conceals any ... thing with intent to impair its verity, legibility, or availability as evidence ... (emphasis added).

The…