Berry, Larry Eugene

OPINION

KELLER, P.J., MEYERS, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ.,

joined.

In this case, we interpret the meaning of the term “fiduciary capacity” as it appears in the statute defining the offense of misapplication of fiduciary property. See Tex. Penal Code § 32.45(a)(1)(C), (b). Interpreting that term in light of its plain meaning, we hold that it encompasses only special relationships of confidence or trust in which one party is obligated to act primarily for the benefit of the other. Applying that plain meaning to the facts of this case, we hold that appellant, Larry Eugene Berry, was…