Salazar v. State

in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The issue in this case is whether a habitation inherently provides notice that entry is forbidden. We hold that it does.

I. Background

Realtor Linda Pohlmeier owned the residence at 2506 South Bivins, in Amarillo. Although no one lived in the residence, Pohlmeier was in the process of remodeling it for resale. On January 29, 2007, Pohlmeier locked the doors and windows of the residence, except for one window which lacked a lock, and left the house. At 6:50 p.m., the Amarillo police dispatcher alerted officers…