Olga Lee Sonnier, the defendant, was convicted after a bench trial in the 230th District Court, Harris County, of theft. She was sentenced to 15 years confinement, and she appealed. The Court of Appeals reversed and judgment of acquittal was ordered.

Facts

On November 2, 1989, John L. Clough, the complainant, discovered several items missing from his establishment, the Houstonian Club. Among the items missing were four amplifier speakers, known as “P.V.” or “Peavey” speakers. The speakers are the type that are connected to an amplifier system when bands play at the club. When the four speakers are stacked and connected, they stand about four feet tall and three feet wide. The speakers were valued at $1,400 when purchased and could not be replaced for less than $2,000.....

1. State the elements of theft without consent of the owner and the elements of receiving stolen property in the Texas theft statute.

2. List all the facts relevant to deciding each of the elements of theft without consent and receiving stolen property.

3. Assume you’re the prosecutor. Argue that Olga Sonnier is guilty of theft without consent and receiving stolen property. Back up your answer with the facts you listed in (2).

4. Assume you’re the defense counsel. Argue that Olga Sonnier should be acquitted of theft without consent and receiving stolen property. Back up your answer with the facts you listed in (2).