Jackson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appeal is taken from a conviction for theft of a motorcycle valued at more than $200.00 but less than $10,000.00. Punishment was assessed by the jury at five (5) years’ imprisonment.

On appeal the conviction was reversed in a published opinion by a panel of the Corpus Christi Court of Appeals with Justice Raul Gonzales dissenting. Jackson v. State, 653 S.W.2d 842 (Tex.App.1982). The Court of Appeals held that the in-court identification of appellant by Mrs. Besteiro and her granddaughter was tainted by the out-of-court…