State v. LabordeAnnotate this Case
The State filed a complaint charging Defendant with one count of felony theft by deception. Both parties submitted instructions to the trial court setting out the elements of theft by unauthorized control. The jury found Defendant guilty of felony theft. The Court of Appeals affirmed, concluding that the conviction was the result of error invited by both parties. The Supreme Court reversed, holding (1) the parties never raised on appeal the discrepancy between the charge and the instruction, and therefore, the case must be analyzed on the terms that the parties argued it, as a matter of whether the evidence sufficed to sustain a conviction for theft by deception; and (2) considered from a sufficiency of the evidence perspective, the evidence was insufficient to convict Defendant of theft by deception.