DAVILA v. STATE

No. 04-96-00515-CR.

956 S.W.2d 587 (1997)

Rachel Z. DAVILA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 28, 1997.

Discretionary Review Refused January 7, 1998.


Attorney(s) appearing for the Case

Jorge G. Aristotelidis, San Antonio, for Appellent.

Brenda Levenstein, Assistant Crimnal District Attorney, San Antonio, for Appellee.

Before RICKHOFF, LÓPEZ and ANGELINI, JJ.


OPINION

RICKHOFF, Justice.

Rachel Z. Davila appeals from her benchtrial conviction for theft over $750. She falsely reported that her vehicle was stolen and accepted an insurance draft in settlement of her claim. In three points of error, Davila argues the evidence was insufficient to show she deprived her insurer of the value of the check, that there was a fatal variance between the indictment and the proof, and that the trial court erred in admitting the...

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