Dunham v. Texas (original by judge richardson)
Annotate this CaseAppellant Mark Dunham, was a door-to-door salesman for Capital Connect. On or about June 15, 2016, Appellant rang the doorbell of Eloise Moody, an 81- year-old lady recently widowed and diagnosed with cancer. When Moody answered, Appellant pointed at the “Central Security Group” alarm sign in Moody’s front yard and said: “I’m here to update your security.” Appellant also said, referring to the Central Security Group sign, “I’ll put a light on it, make it visible from the street” which he explained would be helpful to “update the neighborhood.” Appellant was not wearing a uniform or name tag and did not say what company he worked for. Moody, therefore, understood Appellant to be employed by her alarm company (Central) and that he was intending to place a light on the sign in her front yard. Appellant managed to gain access to Moody's home and convinced her to cancel her existing security contract and enter a five-year agreement with Capital Security at a higher cost. Appellant was charged with deceptive business practices to which he pled not guilty. A jury found him guilty, and he was sentenced to one year in jail. The Texas Court of Criminal Appeals granted review to determine whether the evidence was sufficient to support Appellant’s conviction and whether the jury charge erroneously authorized a non-unanimous verdict. Based on its construction of Texas Penal Code § 32.42(b), and its review of the record, viewing the evidence in the light most favorable to the verdict, the Court agreed with the court of appeals on both points: (1) there was sufficient evidence to support the conviction; and (2) jury unanimity was not required on the specific manner and means of the offense because it was not an “essential element” of the offense.
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