[NDHLP]

My husband was driving a truck that contained stolen property. He now has 2 charges of burglary of a habitat. Can someone really be charged with burglary if there is no evidence the person was in the house? Wouldnt this just be a charge of possesion of stolen property?

[seniorjudge]

Q: Can someone really be charged with burglary if there is no evidence the person was in the house?

A: Your husband's attorney will find out what evidence there is.


Q: Wouldnt this just be a charge of possesion of stolen property?

A: Yes; but he can also be charged with the burglary itself if there is evidence that he committed the burglary.

[Happy Trails]

Sufficient circumstantial evidence of entry to support adjudication for burglary

Section 30.02 of the Texas Penal Code states that a person commits the offense of burglary of a habitation "if, without the effective consent of the owner, he ... enters a ... habitation and commits or attempts to commit a felony or theft." Tex.Penal Code Ann. § 30.02(a)(3) (West 1994). Appellant asserts that there is no physical evidence indicating that he entered Jones's house, and therefore the evidence is legally insufficient to find that he committed the offense of burglary. This Court has established, however, that direct evidence of entry is not a prerequisite to conviction of burglary. See Lopez v. State, 884 S.W.2d 918, 921 (Tex.App.--Austin 1994, pet. ref'd) ("We see no reason why the element of entry into a building may not be established by inference, just as inferences may--and often must--be used to prove the elements of any other offense."). On the facts of this case, we believe that the trier of fact had substantial circumstantial evidence from which to infer that appellant did in fact enter Jones's home.

http://www.tjpc.state.tx.us/publicat...99/99-2-06.htm

[cdwjava]

My husband was driving a truck that contained stolen property. He now has 2 charges of burglary of a habitat. Can someone really be charged with burglary if there is no evidence the person was in the house? Wouldnt this just be a charge of possesion of stolen property?

Perhaps he can plea down to the possession of stolen property. However, it is not a great leap of faith to assume that a person in possession of the stolen property also committed the burglary. If the defendant wants to plea down, he can always dime off who gave him the stolen goods ... that is, if he was not the burglar.

- Carl

[NDHLP]

Sufficient circumstantial evidence of entry to support adjudication for burglary




http://www.tjpc.state.tx.us/publicat...99/99-2-06.htm

I understand where this is evidence the juvenile did break in to a house he confessed to the cops. I need help finding my husband a good lawyer. He has a charge of burglary of a building from when he was 18 and spent 7 months in prison. He is now facing 3 felony charges. One for theft over 1500 I think which is a felony and 2 charges of burglary of a habitat. He never burglarised anyones habitat. He was driving a truck that wasnt even his that had stolen property in it.

[cdwjava]

I understand where this is evidence the juvenile did break in to a house he confessed to the cops. I need help finding my husband a good lawyer. He has a charge of burglary of a building from when he was 18 and spent 7 months in prison. He is now facing 3 felony charges. One for theft over 1500 I think which is a felony and 2 charges of burglary of a habitat. He never burglarised anyones habitat. He was driving a truck that wasnt even his that had stolen property in it.

And, I presume, he has cooperated with the police and told them exactly where everything came from? If he has not, then it is no wonder he is being charged.

- Carl