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Proving amount of damage in crim misch cases

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3377082316

April 03, 2014, 16:06
Matt Heermans
Proving amount of damage in crim misch cases
Truck beaten with baseball bat, eyewitnesses, pics taken of damage, no repair estimate, no repairs done, no insurance claim filed, truck sold and long gone.

Suggestions?
April 03, 2014, 16:57
Jon English
Matt,

You should be able to use that evidence to get expert testimony to estimate the damage. Repairs don't have to be done, you just need an estimate of what repairs would cost, and it has to come from someone with enough experience to make their estimate legit. Take a look at Elomary v. State, 796 SW2d 191, (Tex. Court Crim. App 1990) and Barnes v. State, 248 SW3d 217 (Tex. App -- Houston [1st District] 2007).
April 07, 2014, 15:38
Matt Heermans
Great. Thx a lot.