Legal Opinion

Gear v. State

Court of Criminal Appeals of Texas

Decided June 15, 2011No. PD-1069-10PublishedCited by 399 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

in which KELLER, P.J., and WOMACK, KEASLER and ALCALA, JJ., joined.

Appellant was convicted in a bench trial *744of attempted burglary of a habitation.1 The court of appeals decided that the evidence is legally insufficient to support appellant’s conviction because it would have been unreasonable for a fact finder to infer that appellant “intended to commit a felony, theft, or an assault inside the house” when he attempted to enter the complainant’s home through a window that he had broken. See Gear v. State, No. 12-09-00226-CR, slip op. at 8, 2010 WL 1899645 (Tex.App.-Tyler, delivered May…

3Cases cited9 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Hooper v. StateCourt of Criminal Appeals of Texas · 2007
  3. Padilla v. StateCourt of Criminal Appeals of Texas · 2010
  4. Solis v. StateCourt of Criminal Appeals of Texas · 1979
  5. Slaton v. StateIndiana Supreme Court · 1987

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4Cited by399 opinions

  1. Winfrey, Megan AKA Megan Winfrey HammondCourt of Criminal Appeals of Texas · 2013
  2. Whatley v. StateCourt of Criminal Appeals of Texas · 2014
  3. Louis, Cory DonCourt of Criminal Appeals of Texas · 2012
  4. Nzewi v. State, Texas Court of Appeals, 14th District (Houston)2012
  5. Jor"Dan Jacqueinn Maurice Lewis v. State, Texas Court of Appeals, 14th District (Houston)2014

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