Vanderburg v. State

OPINION ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted by a jury of criminal trespass and the trial court sentenced him to thirty days confinement in the county jail. The Court of Appeals reversed the conviction and rendered a judgment of acquittal. Vanderburg v. State, 843 S.W.2d 286 (Tex.App.1992). The State filed a petition for discretionary review alleging that the Court of Appeals erred in holding proof of a greater right of possession in the complainant is not sufficient to support a conviction for criminal trespass.

The facts of this case are almost identical to…