Brackeen v. State

OPINION

Billy Ray Brackeen was convicted pursuant to a jury verdict of two counts of burglary and one count of possession of a credit card without the consent of the owner. With regard to the conviction for illegal possession of a credit card without the consent of the owner, we hold that the trial court erred by instructing the jury on the presumption of criminal intent without providing additional instructions, required by statute, that the jury was not required to adopt the presumption and that the jury must still find the presumed fact beyond a reasonable doubt. As this error was not…