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Hardy v. State

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Lynn Sterling Hardy (Hardy) appeals his conviction for theft. Through five points of error, he contends that the trial court abused its discretion in admitting various exhibits over his hearsay objection. Furthermore, because the exhibits were inadmissible hearsay, the trial court also denied him his constitutional right to confront and cross-examine his accusers, he continues. We reverse the judgment.

Background

The State indicted appellant for theft of property having a value exceeding $20,000. The property consisted of “dump pumps.” *fn1 Allegedly, he converted the pumps from his employer Hyseco, Inc. and sold them to others. Hyseco discovered that pumps were missing and began to contact potential customers for same. At least four entities which were contacted admitted to buying pumps from appellant. So too did they acknowledge that the pumps appeared to them to be the property of Hyseco, after a Hyseco representative described them.

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