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CaptWoodrow10 wrote:

Keith B wrote:To clarify, the composite value of the items stolen from each individual burglary is what would be counted. So, if they broke into 4 vehicles and stole several items from each worth less than $1500 from each vehicle, then they would be facing 4 counts of BMV (burglary of a motor vehicle) and 4 counts of misdemeanor theft, 1 count for each instance. Here is the penal code on theft http://www.statutes.legis.state.tx.us/D ... /PE.31.htm" onclick="window.open(this.href);return false;

Here Is what I found from your link:

Sec. 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.

I would think that his would apply, but IANAL.

May is the key word. Most of the time they will not combine them unless they can tell that the same person(s) actually broke into each vehicle. If it is 4 individuals, then they could charge each one with a burglary of a separate vehicle. The perps could also claim that they just hadn't been given the items by someone else, and then, unless they had evidence in the form of fingerprints, video, witnesses, confession, etc, then they would basically just be in possession of stolen property. These things are really tough to get nailed down unless they spill their guts and confess. So, that is more than likely the prosecutors will look for one main thing to hit them with that they think will stick and get them prosecuted and the biggest penalty. In this case, the narcotics charge would carry a bigger stick and because they have the LEO testimony that they found the drugs on them, it will more likely stick in court and through a jury trial if it gets that far. They could end up giving them a plea bargain if they will plead guilty to a lesser charge too. Hard to tell without knowing all the ins and outs of the case and being able to read the prosecutors mind. And if you could, knowing some of the prosecutors I do, it would be one scary place to be!!!

WildBill wrote:What if your $200 iPod had 1,500 songs on it that you paid $.99 each?

Hmmm, good question.

I would think that the songs would not count as they should be recoverable through iTunes from your PC onto a replacement iPod/iPhone. But, I guess a creative prosecutor could try to stretch it into a felony that way. Same wold go for software on a laptop i would think.

RPB wrote:Several bills filed regarding burglary of motor vehicle


Relating to the punishment prescribed for burglary of a vehicle and to grants of community supervision to persons who commit that offense.
and
Relating to the punishment prescribed for burglary of a vehicle.

HB20
http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

HB221
http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

HB305
http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

SB203
http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

SB305
http://www.capitol.state.tx.us/Search/D ... ightType=1" onclick="window.open(this.href);return false;

Below is current law
http://www.statutes.legis.state.tx.us/d ... /PE.30.htm" onclick="window.open(this.href);return false;

Seems like they keep working and working to make BMV a less punishable crime. I think when they changed it from a felony to a misdemeanor they were doing everyone an injustice. In talking with detectives on this subject, their work load almost doubled because people now know they will basically get a slap on the wrist for breaking into a vehicle and taking whatever they want and the cops and prosecutors now have no teeth to bite with on these.

To clarify, the composite value of the items stolen from each individual burglary is what would be counted. So, if they broke into 4 vehicles and stole several items from each worth less than $1500 from each vehicle, then they would be facing 4 counts of BMV (burglary of a motor vehicle) and 4 counts of misdemeanor theft, 1 count for each instance. Here is the penal code on theft http://www.statutes.legis.state.tx.us/D ... /PE.31.htm" onclick="window.open(this.href);return false;

CaptWoodrow10 wrote:

Keith B wrote:

gigag04 wrote:Wrong. BMV is a class A misdemeanor.

Correct, and the theft of the iPod touch is still a misdemeanor since it is under $1500 (I think that is the limit now), so the narcotics charge would be the biggie to nail them on.

I believe that he was in possession of at least one laptop, a couple of iPods, and some other expensive electronics. Do they lump all of those items together for a total value, or do they divide them up into individual incidents of theft? I know he had more than $1500 worth of stuff with him when they arrested him.

Didn't see those items listed, so didn't know what else was taken. And, if I am not mistaken, they would all be seperate counts and would each be misdemanor unless one theft was more than $1500.

gigag04 wrote:Wrong. BMV is a class A misdemeanor.

Correct, and the theft of the iPod touch is still a misdemeanor since it is under $1500 (I think that is the limit now), so the narcotics charge would be the biggie to nail them on.