Hynson v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In an unpublished opinion the Houston (1st) Court of Appeals affirmed an order revoking probation finding that appellant had appropriated property knowing that it was stolen by another. V.T.C.A. Penal Code, § 31.03(a), (b)(2). In coming to its conclusion that the evidence supported that finding the court of appeals applied the common law rule that unexplained personal possession of recently stolen property creates a presumption sufficient to sustain a conviction for theft, citing McCutcheon v. State, 140 Tex.Cr.R. 74, 143…