705 SW2D 144 - Dingler v. State

How this case has been cited

Cited by 15 later decisions — most recently March 2011

2 federal appellate · 13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION ON STATE'S MOTION FOR REHEARING

W.C. DAVIS, Judge.

¶2On rehearing the State argues that our opinion on original submission erroneously *150concluded that the proof was insufficient to show that Jervis White was the owner of the vehicle stolen by appellant. After a review of the facts of this case, we now conclude that the dissenting opinion was correct on original submission and we adopt it.

¶3In accordance with the expanding notion of ownership as defined in V.T.C.A. Penal Code Sec. 1.07(a)(24) and explained in Compton v. State, 607 S.W.2d 246 (Tex.Cr. App.1979), we find the evidence more than sufficient that White was the “special owner” of the truck in question. It cannot be seriously doubted that the proof adequately showed that White, a store manager of Louis Shanks, had a greater right to possession than appellant.

¶4Accordingly, the judgment of the Court of Appeals upholding appellant’s conviction is affirmed.

ONION, P.J., and CLINTON, TEAGUE and MILLER, JJ., dissent.