Public-domain · open source
OpenJurist

603 S.W.2d 859

Docket No. 64076.

Washington v. State

James Edward WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas

Decided May 21, 1980.

Rehearing Denied September 10, 1980.

Court of Criminal Appeals of Texas · decided 1980-05-21

Cited by 10 later decisions — most recently November 1993

10 state decisions

Key passage — most relied on by later courts

“"(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body. (c) An offense under this section is a felony of the third degree."”

quoted by 2 later decisions, including Grant v. State, Landry v. State

“were two ways or means of committing the offense and that the indictment must allege one of the two methods. The court disagreed with that contention. V.T.C.A. Penal Code, Section 30.04 uses the term”

quoted by 1 later decision, including Landry v. State

Applies TX PE § 1.07 · TX PE § 30.04

Relies on Boney v. State · Feldman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-21

View the full empirical analysis of this case →

¶1David K. Chapman, San Antonio, court appointed, for appellant.

¶2Bill M. White, Dist. Atty., Steven C. Hilbig and Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

¶3Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.

¶4

OPINION

¶5PHILLIPS, Judge.

¶6This is an appeal from a conviction for burglary of a vehicle pursuant to V.T.C.A. Penal Code, § 30.04. Punishment is imprisonment for four years.

¶7In his sole ground of error appellant contends that the indictment is fundamentally defective.

¶8The indictment in this case alleges that appellant:

¶9... with intent to commit theft, [broke] and enter[ed] a vehicle, namely: ONE (1) TRAILER, without the effective consent of PAUL STANLEY, the owner thereof; ...

¶10V.T.C.A. Penal Code, § 30.04 provides in part:

(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.

¶11Appellant takes the position that the method of entry into the vehicle is an element of the offense; hence the indictment must allege one of the two methods provided in § 30.04(b), supra. We disagree.

¶12The elements of an offense under § 30.04 are:

(1) a person
(2) without the effective consent of the owner
(3) breaks into or enters a vehicle or any part of a vehicle
(4) with the intent to commit any felony or theft.

¶13It is sufficient to allege these elements, without specifying under § 30.04(b) the type of entry made. Compare Feldman v. State,576 S.W.2d 402 (Tex.Cr.App.1979) *860 (burglary indictment need not allege the specific subsection of V.T.C.A. Penal Code, § 1.07(a)(12) relied upon to show that entry was without effective consent); Boney v. State,572 S.W.2d 529 (Tex.Cr.App.1978) (aggravated assault indictment need not allege the manner and means of committing the assault).

¶14The indictment in this case alleges all the elements of the offense, and is not fundamentally defective.

¶15The judgment is affirmed.

/603/sw2d/859 · .json · Public domain