Chadwell v. State

822 S.W.2d 402 (1992)

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Nature of the Case

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Facts

Joubert, the operator of Joubert's Tavern, observed a car stop on the parking lot of the tavern. D got out of the car and went into the tavern for a moment. D then returned to the parking lot, where Joubert saw him removing property from a vehicle which he knew belonged to Ed Morgan. Joubert came out to confront D and D fled, and Joubert apprehended him and held him until police arrived. Morgan's wallet had been in one of its pockets of the jacket, and the wallet contained his driver's license and a credit card. The jacket was found partially hidden on the backseat D's vehicle. The wallet was found later that evening lying on the parking lot near the area where Morgan's car had been parked. In Morgan's opinion, the value of the jacket and wallet did not exceed $140.00. D moved to have the felony theft charge reduced to a misdemeanor because there was no proof that he knowingly took the wallet and credit card, and the evidence established that the value of the coat and wallet would only sustain a conviction of misdemeanor theft. The trial court refused. D was convicted and appealed.