Martinez v. State

OPINION

Opinion by

Justice CASTILLO.

A jury convicted appellant Maria Ester Martinez of theft by deception by a public servant. 1 The trial court imposed a thirty- day sentence in jail, suspended the sentence and ordered community supervision for ninety days, ordered $298.85 restitution, and assessed a $800 fíne. Martinez raises five issues on appeal. 2 Because we find the evidence factually insufficient to sustain the conviction, we reverse and remand for a new trial.

I. BACKGROUND

Martinez was the cafeteria manager at Morris Middle School (“MMS”) in the McAllen Independent School District…