Chavez v. State

For the following reasons, I believe the majority’s discussion of McClain v. State, 687 S.W.2d 350 (Tex.Cr.App.1985), is circular and wholly unnecessary. McClain was not cited or relied upon by the Court of Appeals, nor was it mentioned in appellant’s petition for discretionary review, or either of the briefs before this Court. As the majority opinion ultimately proves, the discussion of McClain is gratuitous dicta which adds nothing to the settled jurisprudence of this State.

I

Appellant contends “the rule of recent unexplained possession does not apply in cases of receiving stolen property.”…