GREGORY CHRISTOPHERFROM A DISTRICT COURT APPELLANT, v. OF THE STATE OF TEXAS APPELLEE

COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
NO. 05-88-00974-CR
NO. 05-88-00975-CR
NO. 05-88-00976-CR
GREGORY CHRISTOPHERFROM A DISTRICT COURT
 
        APPELLANT,
 
v. OF
 
THE STATE OF TEXAS
 
        APPELLEE. DALLAS COUNTY, TEXAS
 
 
 
BEFORE JUSTICES HOWELL, LAGARDE, AND WHITTINGTON
CONCURRING AND DISSENTING OPINION BY JUSTICE LAGARDE
JULY 5, 1989
ON PETITION FOR DISCRETIONARY REVIEW
        I concur in the result reached by Justice Whittington in cause number 05-88-00974-CR; however, I dissent as to the results in cause numbers 05-88-00975-CR and 05-88-00976-CR. I conclude that it is a reasonable deduction from the evidence that all the property found in Christopher's possession was deposited by Officer Allen with Detective Bird; that Bird thereafter called the other two complainants, just as he called Moore, and that those complainants likewise retrieved their property from Detective Bird. Therefore, even assuming, arguendo, that the State was required to meet the test set out in Nichols v. State, 479 S.W.2d 277, 278 (Tex. Crim. App. 1972), I conclude that the evidence was sufficient for a rational trier of fact to find Christopher guilty beyond a reasonable doubt, excluding every other reasonable hypothesis raised by the evidence. I would affirm in all three cases.
                                                          
                                                          SUE LAGARDE
                                                          JUSTICE
PUBLISH
TEX. R. APP. P. 90
88-00974.cdf
 
 
 
File Date[01-02-89]
File Name[880974CD]