Clinton, Katherine

PRICE, J.,

filed a concurring opinion.

I agree with the Court’s conclusion that the evidence was legally sufficient to establish that the appellant “used” the debit card in this case.1 I agree that Section 32.31 of the Penal Code should not be construed in such a way as to require the State to prove that the perpetrator engaged in acquisitive conduct.2 But I arrive at this conclusion taking a somewhat different route than the Court does. I write separately to explain my own thinking in the matter.

As I understand the Court’s opinion, it finds that the plain language of Section 32.31(b)(1)…