Berry, Larry Eugene

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1416-12

LARRY EUGENE BERRY, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

AND DISCRETIONARY REVIEW ON COURT'S OWN MOTION

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Alcala, J., delivered the opinion of the Court in which Keller, P.J., Meyers, Womack, Johnson, Hervey, and Cochran, JJ., joined. Price and Keasler, JJ., concurred.

O P I N I O N

In this case, we interpret the meaning of the term "fiduciary capacity" as it appears in the statute defining the offense of misapplication of fiduciary property. See Tex. Penal Code…