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Venue in electronic theft cases?

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5097086416

May 29, 2015, 11:42
Matt Heermans
Venue in electronic theft cases?
Anyone dealt with a motion to dismiss based on improper venue, when the allegation is theft and the actual transfer was completed outside the county?

Owners of money live in Galveston county, defendant appropriates money from an account in Harris county. D counsel argues that C/W "sent money off to an etrade account in Virgina" and that the appropriation took place in Harris county - therefore Galveston county has no connection to the offense and is improper venue.

My argument is that the owner of the money lives in Galveston county, and the money has to be taken from a person, and that person is in Galveston county when the money owned was taken - therefore the venue is proper.

Anyone dealt with this argument?
May 29, 2015, 14:06
Cory Crenshaw
CCP Art. 13.32 (a) states venue is proper ... in the county where the offender misapplied the property, in any other county through or into which the offender removed the property, or, as applicable, in the county in which the fiduciary was appointed to serve.

I think your best argument is the offender removed the property through Galveston County.

Remember venue is not an element and may be proved by only a preponderance Fairfield v. State, 610 SW2d 771
May 29, 2015, 14:20
Matt Heermans
Thank you. Makes sense.