Thompson v. State

I respectfully dissent. For our purposes and as set forth in the application paragraph of the jury charge, the elements of criminal trespass are:

a. intentionally or knowingly remain on the property of another

b. without the effective consent of that person

c. after receiving notice to depart, and

d. failing to depart.

The issue before this court is the sufficiency of the evidence on the notice to depart requirement. Often times, what appear to be complex cases, become quite simple ones when viewed in context. I begin my review with testimony from Detective Tatum, describing a conversation with…