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Cantrell v. State

An indictment authorizes conviction on the law of parties even though the indictment's wording indicates that the defendant personally committed the criminal acts alleged.

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OPINION

In our opinion dated May 22, 2001, we affirmed Franklin Cantrell’s conviction for theft of fiduciary property. On review, the Court of Criminal Appeals reversed our judgment and remanded the case for us to address Cantrell’s legal sufficiency argument set out in his point five. We did address legal sufficiency in our original opinion and found the evidence legally sufficient to support the conviction. We did not specifically address Cantrell’s fifth point, which contended the evidence is legally insufficient to prove that the stolen money was owned by Mitchell Energy. We will now address that specific issue in this opinion.

A jury convicted Franklin Cantrell of criminal conspiracy to misapply fiduciary property. Tex. Pen. Code Ann. � 15.02 (Vernon 1994), � 32.45 (Vernon Supp. 2001). The jury assessed his punishment at five years in prison, probated for ten years, and a $10,000.00 fine. Additionally, the trial court ordered Cantrell to pay $370,000.00 in restitution as a condition of his community supervision. On appeal, Cantrell challenges both the legal and factual sufficiency of the evidence to support the conviction. Cantrell also alleges that the trial court committed reversible error by constructively amending the indictment, violating due process of law, and that the restitution order requiring Cantrell to pay $370,000.00 is erroneous. We overrule each of Cantrell’s points of error and affirm the judgment of the trial court.

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