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Taylor v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 13, 2009
No. 05-07-00644-CR (Tex. App. Feb. 13, 2009)

Opinion

No. 05-07-00644-CR

Opinion Filed February 13, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F05-55562-LR.

Before Justices WRIGHT, O'NEILL, and LANG. Opinion By Justice O'NEILL.


MEMORANDUM OPINION


Appellant appeals his conviction for robbery. After a jury found appellant guilty of the offense, the trial court assessed punishment at five years' confinement. In a single point of error, appellant contends the evidence is insufficient to prove venue because there is no evidence the offense occurred in Dallas County. For the following reasons, we affirm the trial court's judgment. The State is required to prove venue by a preponderance of the evidence. Braddy v. State, 908 S.W.2d 465, 467 (Tex.App.-Dallas 1995, no pet.). Venue may be proven by direct or circumstantial evidence. Braddy, 908 S.W.2d at 467. Additionally, the trial court may take judicial notice of the location of a certain city or town and of the fact that the city or town is in the county seat of a particular county. Id. As the trier of fact, a trial court may make reasonable inferences from the evidence. Id. At trial, the State presented evidence that the robbery was committed on Stemmons Freeway between Woodall Rodgers and Harry Hines, an area very close to downtown Dallas. A map showing the location of the robbery was admitted into evidence. The map is labeled "Dallas County, Texas." The trial court could conclude based on this evidence the offense occurred in Dallas County. See Braddy, 908 S.W.2d at 467. We overrule appellant's sole point of error. We affirm the trial court's judgment.


Summaries of

Taylor v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 13, 2009
No. 05-07-00644-CR (Tex. App. Feb. 13, 2009)
Case details for

Taylor v. State

Case Details

Full title:DARRYL EUGENE TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 13, 2009

Citations

No. 05-07-00644-CR (Tex. App. Feb. 13, 2009)