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FIRST VALLEY BANK OF LOS FRESNOS v. MARTIN

No. 01-0910.

144 S.W.3d 466 (2004)

FIRST VALLEY BANK OF LOS FRESNOS, Norwest Bank of Texas, N.A., and Wells Fargo Bank (Texas), N.A., Petitioners, v. Sam MARTIN, Respondent.

Supreme Court of Texas.

Decided September 3, 2004.

Rehearing Denied October 15, 2004.

Attorney(s) appearing for the Case

Raul A. Gonzalez, Locke Liddell & Sapp, LLP, Austin, Luis R. Hernandez, Tom Fleming, Fleming & Hernandez, P.C., Brownsville, C.W. "Rocky" Rhodes, Houston, for petitioner.

Sean Paul Belleville, Ernesto Gamez Jr., Law Offices of Ernesto Gamez, Jr., Thomas G. Sharpe Jr., Brownsville, and Larry Zinn, San Antonio, for respondent.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice O'NEILL, Justice JEFFERSON, Justice SMITH, and Justice WAINWRIGHT joined.

A debtor violates the Texas Penal Code if he removes, conceals, or sells secured property with intent to appropriate it.1 In this case, a jury found that Sam Martin owed $50,000 to First Valley Bank of Los Fresnos, and he admits he sold a substantial...

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