Shipp v. State

KELLER, P.J.,

filed a dissenting opinion in which JOHNSON, J., joined.

The evidence in this case shows that appellant committed a forgery when he passed a fabricated store receipt. Whether that forgery was a misdemeanor or a state jail felony depends upon whether it was forgery of a “commercial instrument.” I agree with the court of appeals that a store receipt is not a “commercial instru*445ment.”1 Consequently, I would address whether we should overrule Collier v. State2 and reform the judgment to a conviction for misdemeanor forgery.

Whether a store receipt is a commercial instrument is a…