Shipp, Allen Ray

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1346-09

ALLEN RAY SHIPP, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

FANNIN COUNTY

Keller, P.J., filed a dissenting opinion in which Johnson, J., joined.

The evidence in this case shows that appellant committed a forgery when he passed a fabricated store receipt. Whether that forgery was a misdemeanor or a state jail felony depends upon whether it was forgery of a "commercial instrument." I agree with the court of appeals that a store receipt is not a "commercial instrument." (1)…