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Santana v. State

The harm occasioned by tampering with a public utility is significant enough that if the State can prove either substantial inconvenience or pecuniary loss, the State can punish the conduct more harshly than it can ordinary criminal mischief that occasions a loss of less than $1,500.

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ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

OPINION

Appellant was charged by information with Class “A” misdemeanor criminal mischief. Tex. Pen. Code Ann. � 28.03 (Vernon Supp. 2001). Trial was to the court. After finding appellant guilty, the court sentenced him to 180 days in jail, and ordered him to pay a fine of $1,000. The 180-day sentence was probated for a period of eighteen months, and a portion of the fine was also probated. In addition, as conditions of his probation, appellant was required to perform 100 hours of community service and pay $1,250 in restitution. We granted appellant’s petition for discretionary review to consider (1) whether the evidence used to support appellant’s conviction for Class “A” criminal mischief was legally sufficient under Penal Code section 28.03 without a showing of pecuniary loss; and (2) whether there was a fatal variance between the information and the proof at trial.

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