State v. Kinsey

Once again the State, through its local district attorney, having gratuitously deviate ed from the explicit definition of an offense prescribed by the State, through its Legislative Department, seeks remedial exoneration from the State, through its Judicial Department. See Langston & Sjodin v. State, 855 S.W.2d 718 (Tex.Cr.App.1993).1 This time we will accommodate the State.

The gist of “criminal trespass” is entering or remaining on “property of another ” without “effective consent.” V.T.C.A. Penal Code, § 30.05(a).2

The term “another” is indeed defined as “a person other than the actor,” id.,…