Morgan v. State

OPINION

RICHARDSON, J„

delivered the opinion for a unanimous Court.

Appellant, Dewan Morgan, was convicted of burglary of a habitation and sentenced to sixteen years’ imprisonment. Concluding that the evidence was insufficient to support the jury finding that Appellant entered a habitation “without the effective consent of the owner,” 1 the Second Court of Appeals reversed Appellant’s conviction because he was a “cotenant” of the apartment he broke into. 2 We disagree with that holding because, under the facts of this case, it runs contrary to the Texas Penal Code’s definition of “owner” as a…