Hernandez v. State

I dissent. This appeal involves the use of criminal conduct, not charged as a crime, as evidence in a trial. We should reverse and remand to the trial court.

A jury found Jose Alfredo Hernandez, appellant, guilty of the offense of use of a motor vehicle without the effective consent of the owner, Ed Malinowski. The elements of the crime are that a defendant, without the consent of the owner, knowingly and intentionally operated a motor vehicle. Tex.Penal Code Ann. § 31.07 (Vernon 1989); Tex.Penal Code Ann. § 12.42(a) (Vernon 1974).

In point of error two, the appellant complains that the trial…