Guerra v. State

Full title: Jose A. GUERRA, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas, En Banc

Date published: May 27, 1987

733 S.W.2d 217 (Tex. Crim. App. 1987)

Opinion

Nos. 737-86, 738-86 and 739-86.

May 27, 1987.

Appeal from 81st Judicial District, Atascosa County, R.L. Eschenburg, J.

George Scharmen, San Antonio, for appellant.

Alger H. Kendall, Jr., Dist. Atty., Karnes City, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of theft in three causes; punishment was assessed at imprisonment in the Texas Department of Corrections for four years in each cause by the trial court. The Court of Appeals affirmed the judgments of the trial court on direct appeal. Guerra v. State, 712 S.W.2d 217, (Tex.App. — San Antonio 1986).

As in every case, this Court's decision to refuse appellant's petition for discretionary review should not be construed as approval by this Court of the language or reasoning used by the Court of Appeals in reaching its decision. Specifically in the instant cause, the reasoning of the court below as to the appellant's standing to contest the search is disapproved.

Appellant's petition for discretionary review is refused.

TEAGUE, J., would grant.