Court of Criminal Appeals of Texas

Defendant's burglary conviction is reversed where a person who enters a habitation is automatically on notice that entry is forbidden, and thus the trial court erred by denying Defendant an instruction on the lesser included offense of criminal trespass.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

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

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• John Bennett, Amarillo, for Appellant., John L. Owen, Asst. District Atty., Amarillo, Jeffrey L. Van Horn, State's Atty., Austin, for State.