Texas theft case settles with plea and probation over unpaid $129 drill
This report covers a fictional proceeding argued and decided inside Legal Arena.
Nolan Price said he believed his companion had paid for the drill. The agreement calls for a dismissal recommendation only after probation and community service are completed.
The settlement agreement
The State of Texas and Nolan Price reached an agreement in a theft case over a $129 drill carried out of a hardware store without payment. The State had sought a conviction; the agreement calls for a plea to the theft charge and a possible later dismissal.
Price said he believed his companion had paid for the drill. The State alleged that he knowingly took it without payment.
The agreed terms
The recorded terms call for Price to enter a plea to the theft charge, serve three months of supervised probation and complete 20 hours of community service.
After both probation and community service are completed, the State will recommend dismissal. That recommendation remains subject to judicial authority; the agreement does not itself establish that the charge has been dismissed.
The parties' positions
The State alleged that Price carried the drill past checkout and left the store, continuing after a clerk called for him to stop. It asked that his actions be considered in deciding whether the incident was a mistake.
Price's account was that he believed his companion had paid. The record identifies no basis for knowing what he believed at the time.
The background
The case was brought in the District Court in Austin. Store video showed Price carrying the drill past checkout and exiting, but it had no audio and did not show the entire checkout area.
The agreement resolves the case on the recorded terms without a recorded judicial finding about whether Price knew the drill was unpaid. The record does not say whether the plea has been entered or the conditions completed.