Blankenship v. State

Today, the majority overturns appellant’s conviction but not before it (1) redefines the Penal Code definition of “habitation” and (2) acts as a thirteenth juror to reevaluate the evidence presented at appellant’s trial.

I. REDEFINING “HABITATION”

The evidence established that appellant, Elmer Dwayne Blankenship, burglarized a structure at which time he took an air conditioning unit, a lawn chair and a gasoline container. This was uncontested. Appellant, however, did contest in the Court of Appeals that the structure he burglarized was a “habitation” as that term is defined in Y.T.C.A., Penal…