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(DOWNLOAD) "Rickey Franklin v. State Texas" by Tyler No. 12-84-0088-CR The Twelfth Court of Appeals * eBook PDF Kindle ePub Free

Rickey Franklin v. State Texas

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eBook details

  • Title: Rickey Franklin v. State Texas
  • Author : Tyler No. 12-84-0088-CR The Twelfth Court of Appeals
  • Release Date : January 17, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The jury convicted appellant of unauthorized use of a vehicle but acquitted him of the charge that he failed to remain at the scene of the accident and render aid. His punishment (enhanced under TEX. PENAL CODE ANN. ? 12.42[d] [Vernon Supp. 1985]) was assessed by the court at thirty years. Appellant contends that the court erred when it: (1) enforced ""the rule"" by refusing to allow two alibi witnesses to testify for the defense;1 (2) entered judgment against him based on inconsistent jury findings; and (3) entered judgment against him when the evidence was insufficient to establish his guilt. We affirm. On September 30, 1983, Joseph Ford left work at the State Fair grounds in Dallas after locking his 1977 Ford pickup truck inside a building on the grounds. When he returned to work the next morning, he discovered that his truck was missing. He immediately notified the police and gave them a description of the truck and its license number. Shortly thereafter, at approximately 10:30 a.m., two police officers saw a truck which matched the license number and description of the missing truck and they began following it in their patrol car. After the truck entered the parking lot of the South Park apartment complex, the officers left their car and started to approach the truck. However, the driver quickly put the truck in reverse and attempted to flee, colliding with another police car that had just arrived at the scene. The stolen truck careened from off of the police vehicle into a trash dumpster, driving the dumpster over twenty feet into a parked Honda Civic. A utility pole arrested the further progress of the Honda, the dumpster and the stolen truck. The dumpster also struck a bystander in its path, severely fracturing her leg. The record does not show that the driver of the truck knew that a bystander was hit or injured. After the collision, the driver of the truck jumped from the truck and ran toward the apartment complex where the officers lost sight of him. The officers arrested appellant minutes later in one of the apartments in the complex.


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