Moncivalles v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

We granted the State’s petition for discretionary review in order to review the decision of the Court of Appeals, see Mon-civalles v. State, 733 S.W.2d 601 (Tex.App. —4th 1987), that no rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. The court of appeals also ordered the trial court to enter a judgment of acquittal on behalf of Arturo M. Moncivalles, henceforth appellant.

We now find that our decision to grant the State’s petition for this reason was improvident.

We also granted the…