Court of Criminal Appeals of Texas

Reversal of a conviction for burglary is vacated and remanded where: 1) the abstract statement of law and the application paragraph submitted to the jury before deliberations contained two different requirements for conviction for burglary; 2) the legal sufficiency of evidence is measured against the requirements for conviction in a correct charge of the court, as distinguished from the charge that actually was given; and 3) because both theories of burglary were presented to the jury, albeit not both in the application paragraph, the court of appeals was free to consider a challenge to the sufficiency of the evidence on either theory.

Appellate Information

• Decided 09/10/2008
• Published 09/10/2008

Judges

• WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Denise G. Perkins, Granbury, TX, for Appellant., Jeffrey L. Van Horn, State Prosecuting Attorney, Austin, TX, for State.