(DOWNLOAD) "Robalin v. State" by Virginia Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Robalin v. State
- Author : Virginia Supreme Court
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant, Cynthia Ann Robalin, appeals a judgment that convicted her of making a false statement to obtain property valued at $20,000 or more but less than $100,000, a third-degree felony. See Tex. Pen. Code Ann. § 32.32 (Vernon 2003). Appellant pleaded not guilty to the jury. The jury found her guilty and assessed punishment at three years in prison and a fine of $5,000. On appeal, appellant challenges the legal sufficiency of the evidence to sustain her conviction, and asserts that the trial court erred by denying her requested jury instruction on a lesser-included offense. We conclude that the evidence is legally sufficient to sustain appellants conviction, but that the trial court erred by refusing to instruct the jury on the lesser offense of state jail felony false statement to obtain property. We therefore reverse the judgment and remand for a new trial.