Smith v. State

OPINION

Opinion by

Justice WILLIAM J. CORNELIUS (Retired).

Johnny Earl Smith appeals his conviction in the district court of Hunt County for the unauthorized use of a vehicle in violation of Section 31.07 of the Texas Penal Code. See Tex. Pen.Code Ann. § 31.07 (Vernon 2003). A jury convicted Smith and assessed his punishment at five years’ imprisonment. 1 Smith contends the trial court improperly denied his motion for instructed verdict made when the State rested its case-in-chief. Specifically, he complains the State failed to prove that the truck he was driving at the time of his arrest was…