Legal Opinion

Chiarini, Edward v. State

Texas Court of Appeals, 5th District (Dallas)

Decided August 12, 2013No. 05-12-01245-CRPublished

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

A person commits a criminal offense if he “intentionally, knowingly, or recklessly carries on or about his or her person a handgun ... if the person is not: (1) on the person’s own premises or premises under the person’s control .... ” Tex. Penal Code Ann. § 46.02(a)(1) (West Supp. 2012). Appellant Edward Chiarini complains the evidence is legally insufficient to support his conviction under this statute because there is no evidence he was not on his “own premises.”

The only evidence before the jury showed Chiarini was carrying a handgun in a common area of his…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  3. Adames, Juan Eligio GarciaCourt of Criminal Appeals of Texas · 2011
  4. State of Texas v. Richardson, Stewart LeCourt of Criminal Appeals of Texas · 2012
  5. Wilson v. StateCourt of Criminal Appeals of Texas · 1967

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