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Facts:
Property stolen in another county. Brought to Hansford County. Found in Hansford County by law enforcement. We would like to prosecute in Hansford County more than they do in the other county. It is a misdemeanor. So I am into "concealing stolen property". The offense of "concealing stolen property" does not exist per se. So I have looked just a little an find a cite in a footnote in Texas Practice Criminal Forms for Berg v State 747 SW2d 800, which says a simple allegation for theft by appropriation works and the when and where of the appropriation is evidentiary.
Anyone have an information for this? Or other thoughts on how to properly charge this?
Any "gotcha" issues with proving up "concealing stolen property" that I need to consider?
John Hutchison, CA, Hansford County
 
Posts: 59 | Location: Spearman, TX, Hansford | Registered: March 09, 2004Reply With QuoteReport This Post
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Why don't you prosecute for straight theft? You have venue under 13.08, since he took the property into your county.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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Thanks,
I thought that the answer to my question was turning out to be simple and straight forward.
I don't need any special "concealing" language. He appropriated it and keeps on appropriating it by bringing it into our county. Is that what you are saying?
All of the Christmas ornaments that the legislature has hung on the theft statute tend to obscure the fact that it is intended to be a simple statute.
John H
 
Posts: 59 | Location: Spearman, TX, Hansford | Registered: March 09, 2004Reply With QuoteReport This Post
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When the Penal Code was adopting back in the 1970's, the various theft offenses were consolidated into simple theft. If fact, the Penal Code memorialized that act:

Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

Unfortunately, since then, the Legislature has shown little restraint, starting the creation of new theft offenses all over again.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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