Eodice v. State

After finding appellant guilty of use of a criminal instrument, the district court assessed punishment at imprisonment for four years and a $500 fine, suspended imposition of sentence, and placed appellant on probation. Tex.Pen.Code Ann. § 16.01 (Supp.1987). 1 The only issue on appeal is the sufficiency of the evidence to sustain the conviction.

Shortly after 2:00 a.m. on August 3, 1986, Killeen police officer Michael Brown observed appellant standing in the doorway of a pawn shop not then open for business. When Brown approached appellant, he saw that appellant was carrying a pair of heavy…