Phillips v. State

STOREY, Justice.

This is an appeal from a conviction of criminal mischief. Appellant contends that there was no evidence that the pecuniary loss to the owner was at least twenty dollars but less than two hundred dollars. We agree and, thus, reverse and render.

Appellant was accused of cutting the tires on a police vehicle. She was charged under TEX.PENAL CODE § 28.03 (Vernon Supp.1984) which requires proof of the amount of pecuniary loss suffered by the owner of the damaged or destroyed property. The proof at trial established that the tires were destroyed and had to be replaced. To determine…