State v. Kinsey

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellee was charged by information with criminal trespass. See V.T.C.A., Penal Code, Section 30.05(a)(2). Appellee filed a motion to quash the information on the ground that it failed to state an offense under the Penal Code. The trial court granted appellee’s motion and ordered the information set aside. On direct appeal, the Fort Worth Court of Appeals affirmed the dismissal of the information. State v. Kinsey, 839 S.W.2d 168 (Tex.App. — Fort Worth 1992). We granted the State’s petition to review whether the…