X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

General Counsel Conference East 2021

September 22, 2021 - September 23, 2021
New York, NY

GCC East addresses General Counsel trends in regulatory, data protection, tech management, legal operations, and leadership.


Register

New Jersey Legal Awards 2021

September 23, 2021
Virtual, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Register

Women Influence & Power in Law Awards 2021

October 07, 2021
Washington, DC

Women Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Register

(EXCLUSIVE) COMMERCIAL AGREEMENTS/CORPORATE COUNSEL WANTED FOR GLOBAL COMMUNICATION SOFTWARE COMPANY (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a publicly-traded, communication software company, has engaged us to identify a Corporate Counsel for their North American legal...


Apply Now ›

LITIGATION ATTORNEY

Cheshire, Connecticut, United States

Mid-size law firm focused on Insurance Defense is seeking a highly personable, highly motivated litigation attorney to join the general liti...


Apply Now ›

Senior Legal Counsel

Pittsburgh, Pennsylvania, United States

ANSYS, Inc. (www.ansys.com), a publicly-traded global leader in engineering simulation, has retained Carpenter Legal Search, Inc. (“CL...


Apply Now ›

JAVERBAUM WURGAFT HICKS

09/20/2021
NJLJ Web

JAVERBAUM WURGAFT HICKS mourn the passing of our Co-Founding Partner, collegue, and friend.


View Announcement ›

BARTON GILMAN LLP

09/14/2021
CLT Web

Barton Gilman Expands Into Connecticut


View Announcement ›

BARTON GILMAN LLP

09/14/2021
TLI Web

Barton Gilman LLP is excited to announce that its expansion into Philadelphia


View Announcement ›