Clinton, Katherine

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0119-11

KATHERINE CLINTON, Appellant

v.

THE STATE OF TEXAS

ON STATE'S AND APPELLANT'S PETITIONS

FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

UPSHUR COUNTY

Price, J., filed a concurring opinion.

CONCURRING OPINION

I agree with the Court's conclusion that the evidence was legally sufficient to establish that the appellant "used" the debit card in this case. (1) I agree that Section 32.31 of the Penal Code should not be construed in such a way as to require the State to prove that the perpetrator engaged in acquisitive conduct. (2) But I arrive at…