Edward Thompson v. The State of Texas--Appeal from 299th District Court of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-515-CR
EDWARD THOMPSON,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0921934, HONORABLE JON N. WISSER, JUDGE PRESIDING

PER CURIAM

The district court found appellant guilty of habitual theft. Tex. Penal Code Ann. 31.03(e)(4)(E) (West Supp. 1993). The court assessed punishment, enhanced by a previous felony conviction for indecency with a child, at imprisonment for sixty-two months. In his only point of error, appellant contends the State failed to prove that this was his third theft conviction.

The two previous thefts alleged pursuant to section 31.03(e)(4)(E) were Travis County cause numbers 352,285 and 334,315, both misdemeanor theft convictions in county court at law. Appellant concedes that the evidence is sufficient to prove that he was the person convicted in cause number 352,285, but argues that the State failed to prove that he was the person convicted in cause number 334,315.

The defendant's identity as the person previously convicted may be proved circumstantially. Human v. State, 749 S.W.2d 832, 834 (Tex. Crim. App. 1988). Because appellant was tried in 1992, the "reasonable alternative hypothesis" construct is not applicable in determining the legal sufficiency of the evidence. Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991).

State's exhibit three contains a certified copy of the judgment of conviction in cause number 334,315. The judgment recites that Edward Thompson was adjudged guilty of theft, that the offense took place on February 28, 1990, and that Thompson was born on September 27, 1959. Exhibit three also contains an Austin police department jail booking card showing that Edward Thompson, date of birth September 27, 1959, was arrested on February 28, 1990, for theft. The booking card also bears a fingerprint of the person arrested. The State's fingerprint expert testified that this print matches appellant's known print.

The State proved that appellant was born on September 27, 1959, and arrested for theft on February 28, 1990. The State also proved that a person named Edward Thompson, who was born on September 27, 1959, was convicted in Travis County cause number 334,315 for a theft that took place on February 28, 1990. Viewing this evidence in the light most favorable to the verdict, a rational trier of fact could find beyond a reasonable doubt that appellant was the Edward Thompson convicted in cause number 334,315. Jackson v. Virginia, 443 U.S. 307 (1979); Griffin v. State, 614 S.W.2d 155 (Tex. Crim. App. 1981). The opinions relied on by appellant, Bullard v. State, 533 S.W.2d 812 (Tex. Crim. App. 1976), and Elizalde v. State, 507 S.W.2d 749 (Tex. Crim. App. 1974), are factually distinguishable. The point of error is overruled.

The judgment of conviction is affirmed.

 

Before Justices Powers, Jones & Kidd

Affirmed

Filed: November 17, 1993

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