Jones v. State

1 Citing case

  1. McBath v. State

    No. 02-23-00056-CR (Tex. App. Feb. 29, 2024)

    But the indictment did not allege that Shalonda was "the owner or a person with the greater right to possession and use," and the State is not required to prove that a defendant lacked consent of every person with a superior right to possession. Davis v. State, 782 S.W.2d 211, 221 (Tex. Crim. App. 1989); see also Jones v. State, No. 14-04-00410-CR, 2005 WL 3116289, at *2 (Tex. App.-Houston [14th Dist.] Nov. 23, 2005, no pet.) (mem. op., not designated for publication) (same). Additionally, Shalonda was seventeen at the time of the offense, and McBath cites no authority supporting his contention that a minor can provide effective consent under the burglary statute when a parent owner is present.