Shipp v. State

I agree with the plurality that the evidence is legally sufficient to support the jury’s verdict that the receipt was a “commercial instrument” under Section 32.21(d) of the Texas Penal Code. However, I disagree with the path taken to reach that result. A plain meaning for “commercial instrument” exists, so the plurality should not have looked beyond the statutory language to consider legislative history.

Section 32.21(d) provides a list of many types of instruments, all of which are writings that provide for a right, privilege, *441value, or identification in property. At the end of this list is…