ROBERT WHITE, Appellant v. THE STATE OF TEXAS, Appellee

Affirmed and Opinion Filed November 8, 1989
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-89-00375-CR
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ROBERT WHITE, Appellant
V.
THE STATE OF TEXAS, Appellee
 
.................................................................
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F89-95749-M
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OPINION PER CURIAM
Before Justices Howell, Rowe, and Kinkeade
        Robert White appeals his conviction for theft. Punishment was assessed at twenty-five years confinement.
        Appellant's attorney has filed a brief in which appellant's attorney has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no meritorious grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel's brief has been delivered to appellant and appellant has been advised that he would be given the opportunity to examine the appellate record and that he had a right to file a pro se brief. No pro se brief has been filed. Appellate counsel asserts one arguable point of error. Appellant argues that the evidence is insufficient to support the conviction. We affirm the judgment of the trial court.
        Michael Clements testified that he works for Wilson Engraving and that he was in charge of the Interstate Brands Corporation printing plates on April 1, 1987. Clements testified that the plates were made out of magnesium and were packaged in a cardboard folder on which was written a serial number. Around 10 o'clock on the morning of April 2, 1987, Clements discovered that the Interstate Brands plates were missing. Later that morning, Clements found the cardboard folder in the back of a pickup truck.
        Sam Hegler testified that he was employed as a salesman for Wilson Engraving and that he investigated the missing plates. Hegler found the ninety-six plates at the Hopper Aluminum Company. Danny Jean of the Hopper Aluminum Company informed Hegler that appellant had sold the plates to the Hopper Aluminum Company that morning. Hegler said that these were the plates that were missing that morning. Hegler testified that Jean was taken to Wilson Engraving and that Jean identified appellant as the person who had sold the plates that morning.
        Eugene Green testified that he was the president of Wilson Engraving, which was located in Dallas County, Texas, and that appellant was employed at Wilson Engraving on April 1 and 2, 1987. Green testified that the dispatcher signed the company pickup out to appellant at around 8 o'clock on the morning of April 2, 1987, and that appellant returned the pickup approximately thirty to forty minutes later. Green said that he did not give appellant permission to sell the plates. Green said that the plates had a fair market value of just under $20,000 and that the $6.16 that appellant received for the plates reflected only the commodity scrap value for magnesium metal.
        Danny Jean testified that he was in the recycling business and that his business was called Hopper Aluminum. Jean said that he knew appellant by name and that appellant sold him a small amount of magnesium plates. Jean said that he had prior dealings with appellant and that he was not certain about the date in question, but he knew appellant sold him some magnesium plates very close to April 1, 1987. Jean said that the plates Hegler was interested in were the same plates that appellant brought in. Jean stated that the plates in question were not an everyday item and that he had not bought engraved plates since this incident. Jean said that he was not certain whether he personally purchased the plates or whether his employee purchased them. However, Jean said that he believed he saw appellant on the day Hegler came in and that appellant had the plates.         Appellant testified that he had nothing to do with the plates. Appellant said that he sold plates only when authorized by his supervisor and that he had sold plates to American Iron Company and Hopper Aluminum Company. Appellant said that he did not drive the pickup truck that morning, but he drove the van between 8 and 9 o'clock that morning. Appellant denied being at Hopper Aluminum on April 1 or 2, 1987.
        Appellate courts review the sufficiency of the evidence in the light most favorable to the verdict. Allen v. State, 651 S.W.2d 267, 269 (Tex. Crim. App. 1983). Appellate courts must determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Id. at 269-70. If the State's evidence supports an inference other than a finding of the essential elements of the offense, then no trier of fact could rationally find the defendant guilty beyond a reasonable doubt. Carlsen v. State, 654 S.W.2d 444, 449-50 (Tex. Crim. App. 1983).
        The evidence shows that appellant worked for Wilson Engraving in Dallas County on April 1 and 2, 1987, that appellant checked out a company vehicle on the morning of April 2, 1987, that an employee at Wilson Engraving discovered that the Interstate Brands Corporation engraving plates were missing on the morning of April 2, 1987, that Jean of the Hopper Aluminum Company saw appellant with the same plates that the Wilson Engraving employee was seeking, and that either Jean or his employee purchased the engraving plates from appellant. The president of Wilson Engraving said that he had not consented to appellant's taking the plates. After reviewing all the evidence in the light most favorable to the State, we hold that any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Allen, 651 S.W.2d at 270. The evidence does not support an inference other than the guilt of appellant. Carlsen, 654 S.W.2d at 449. The judgment is affirmed.
 
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 90
890375F.U05
 
 
File Date[11-08-89]
File Name[890375F]