Cooper v. State

KEASLER, J.,

filed this concurring opinion, joined by HERVEY, J.

This is a simple case. To prove Cooper’s guilt, the State had to prove that he assaulted Blueitt “in the course of’ taking his truck.1 This means the State had to prove that at the time Cooper assaulted Blueitt, he intended to take the truck.2 If the theft was committed “as an afterthought and unrelated to” the assault, then the evidence was insufficient to show a robbery.3

*225The Court of Appeals seemed to find some conflict between McGee v. State4 and Nelson v. State.5 The appellate court viewed McGee as setting out a “bright-line…