Campbell v. State

OPINION

KENNEDY, Justice.

A jury convicted Jack D. Campbell, Sr., of criminal trespass and assessed punishment at a fine of $200.00.

At the outset, we are confronted with fundamental error, which although unassigned, requires reversal.

Texas Penal Code, Art. 30.05 defines criminal trespass in the following language:

“(a) A person commits an offense if he enters or remains on property or in a building of another without effective consent and he:(1) had notice that the entry was forbidden; or(2) received notice to depart but failed to do so.”

The charging instrument is a complaint filed with the…