Hawkins v. State

OPINION

PAUL PRESSLER, Justice.

This is an appeal from a conviction of unauthorized use of a motor vehicle. TEX. PENAL CODE § 31.07. The jury found appellant guilty and the court sentenced *62him to thirty years in the Texas Department of Corrections as a habitual offender. We reverse.

Appellant and a companion were looking under the hood of a stalled pickup truck at an intersection when a policeman stopped to investigate. The officer talked briefly with them and proposed clearing the street by pushing the truck to the curb with his patrol car. Appellant steered the truck as it was pushed to the…