Spencer v. State

OPINION

GRANT, Justice.

David L. Spencer appeals his conviction for unauthorized use of a motor vehicle. He contends that the evidence was insufficient to establish (1) that he operated the vehicle described in the indictment and the court’s charge and (2) that the vehicle described in the indictment and the court’s charge was owned by the alleged victim. Additionally, he contends that the trial court erred in allowing the testimony of the victim’s stepson, Gary Boles, due to the defense having invoked the Rule, Tex.Code CRIm.PROcAnn. art. 36.05 (Vernon 1981), and Boles having been present in…