Poncio v. State

OPINION

Appellant was convicted of burglary of a habitation. 1 The evidence shows that someone entered the victim’s home without the victim’s consent and stole two guitars. The victim testified that he left his home at around 10:00 a.m. When he returned home between 11:00 a.m. and 11:30 a.m., he discovered that someone forcibly entered his home and stole the guitars. Appellant pawned the guitars at a pawnshop less than a mile away from the victim’s home at 10:29 a.m.

On direct appeal, the Court of Appeals decided that the evidence is legally sufficient to support appellant’s conviction because…