Randall Ricardo Espinoza v. The State of Texas--Appeal from 85th District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-96-275-CR

RANDALL RICARDO ESPINOZA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 85th District Court

Brazos County, Texas

Trial Court # 24,063-85

CONCURRING OPINION

I write again to urge the Court of Criminal Appeals to reexamine the standard of review adopted in Clewis v. State, 922 S.W.2d 126, 129 (Tex. Crim. App. 1996). See Mata v. State, 939 S.W.2d 719, 728 (Tex. App. Waco 1997, no pet.) (Vance, J., concurring).

A different approach would be taken in the analysis of the factual sufficiency of the evidence to support the jury's determination that the value of the property damaged in Wiley's home was at least $1,500 if we were asking whether the finding is clearly wrong and unjust given the reasonable doubt standard, rather than the question required by Clewis: does the weight of the evidence actually favor acquittal? See id. at 729. The evidence of the cost of repairs given through the testimony of Szabuniewicz, the owner of the house, might be weighed differently under the analysis I suggested in Mata than under the analysis required by Clewis.

With this observation, I join the court's opinion.

BILL VANCE

Justice

Opinion delivered and filed October 1, 1997

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