Zipperer v. State

I respectfully dissent. The only question presented in this appeal is whether appellant, Owen Zipperer, “entered a conveyance” when he removed items from the open bed of a pickup truck. Zipperer was found guilty of petit theft1 for helping himself to a cooler of beer and of burglary of a conveyance2 for reaching over the side of the pickup truck to take the cooler.

Zipperer filed a motion for judgment of acquittal on grounds there could be no entry, as required for the crime of burglary, when the stolen items were removed from an open truck bed. The trial court denied this motion by finding…