Robles v. State

664 S.W.2d 91, 1984 Tex. Crim. App. LEXIS 600
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 15, 1984
Docket488-83
StatusPublished
Cited by124 cases

This text of 664 S.W.2d 91 (Robles v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robles v. State, 664 S.W.2d 91, 1984 Tex. Crim. App. LEXIS 600 (Tex. 1984).

Opinions

[92]*92OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of burglary of a habitation with intent to commit theft. The Court of Appeals affirmed the conviction. Appellant’s petition for discretionary review was granted to consider appellant’s challenge to the sufficiency of the evidence to prove entry with intent to commit theft as alleged.

The opinion of the Court of Appeals accurately summarized the facts shown at trial:

“On the morning of August 7,1980, the appellant, by exhibiting a handgun and threatening the complainant, forced his way into the home of complainant, Richard Merrill, president of the First City National Bank of Houston. Once inside the house, the appellant pulled out a cassette tape player and played a tape explaining that appellant was part of a group and that the purpose of appellant’s presence was to take Merrill to the First City National Bank in order to withdraw an unspecified sum of money. Unknown to appellant, the police had been called by Mrs. Merrill and when they arrived, the appellant attempted to escape with Mr. Merrill and Merrill’s son. His escape attempt was thwarted by the police, however, and the appellant was persuaded to surrender to the police.”

It is clear that appellant entered the habitation with intent to complete a criminal scheme that had as its ultimate purpose to obtain money from the First City National Bank. The resolution of the issue, i.e., whether the evidence proves the element of the burglary alleged that appellant entered with intent to commit theft, must be determined by the meaning of the burglary statute. V.T.C.A., Penal Code Sec. 30.02 provides in relevant part:

“A person commits an offense if, without the effective consent of the owner, he:
“(1) enters a habitation ... with intent to commit a felony or theft; ...”

Appellant contends burglary with intent to commit theft requires an intent to appropriate property from within the burglarized premises. The Court of Appeals held to the contrary:

“The burglary statute, Section 30.-02(a)(1), of the Texas Penal Code, quoted above, does not specifically require an intent to commit theft from within the premises entered. While that would be the usual burglary situation, it is not the only one.
“The evidence did overwhelmingly show that the appellant had an intent to commit theft, namely, to appropriate a large sum of money from the First City National Bank by terrorizing Merrill, the President of the Bank. There can be no doubt that the appellant had this intent before he entered the Merrill house, since he used a pre-recorded tape to state his demand. Moreover, there is a clear connection between the entry and the intent to steal, since gaining entry was critical to the success of the appellant’s plan to extort the money. Although this crime was far different from the usual burglary, the evidence was not at variance with the indictment or the requirements of § 30.02(a)(1) of the Penal Code. The appellant’s first ground of error is overruled.”

The following paragraph and citations constitute the entire argument by appellant presented to this Court on the issue under consideration:

“The Petitioner contends intent to commit theft means intent to steal from the burglarized premises. The Court of Appeals held § 30.02(a)(1) Penal Code included basically intent to steal from any location irrespective of connection with or proximity to the entered premises. This holding is overly broad and expansive of the motion [sic] originally contemplated by the Legislative [sic] in enacting said statute. See the following cases: Simms v. State, 2 Tex.App. [110] (Tex.Cr.App.1877); Conoly v. State, 2 Tex.App. 412 [93]*93(Tex.Cr.App.1877). Compare: Perkins v. State, 489 S.W.2d [917] 412 [(Tex.Cr.App.1973)]; Shipp v. State, 482 S.W.2d 870 [(Tex.Cr.App.1972) ]; Thurston v. State, [132 Tex.Cr.R. 287], 103 S.W.2d 770 [(1937)]; O’Brien v. State, [27 Tex.App. 461], 11 S.W. 459 [(1889)]; and Wilson v. State, 18 Tex.App. [270 (1885)].”

First, we note that appellant mistates the holding of the Court of Appeals. That court did not hold that any intent to commit theft “irrespective of connection with or proximity to the entered premises” is sufficient. To the contrary, the Court of Appeals specifically held there was shown “a clear connection between the entry and the intent to steal, since gaining entry was critical to the success of the appellant’s plan to extort the money.”

We also find that none of the cases cited by appellant held that the intent to commit theft required for burglary means an intent to steal from the burglarized premises. The earliest case, however, does contain some language that appears to support appellant’s position. In Simms v. State, 2 Tex.App. 110, the Court found reversible error for failure of the trial court to charge the law applicable to the case. In reaching this conclusion the Court examined recent amendments to the law of burglary, theft, and theft from a house:

“The appellant in this case was indicted and convicted for burglariously entering, by force and fraud, a dwelling-house, in the night-time, with the intent to commit the crime of theft of two bed-quilts, of the value of $10.
“Article 724 of the Penal Code (Pase. Dig., Art. 2359) was amended by act of the fifteenth legislature, approved August 21,1876, and which is to be found in Pamphlet Laws, 231. As amended, the law now reads as follows:
“ ‘The offense of burglary is constituted by entering a house by force, threats, or fraud, at night, or in like manner by entering a house during the day and remaining concealed therein until night, with the intent in either case of committing felony or the crime of theft.’ The amendment consists in adding to the law as it previously existed the words ‘or the crime of theft.’
“Doubtless the object of this amendment was to obviate any doubt or difficulty which might arise with regard to the crime of burglary, when considered in connection with two other acts passed by the same legislature, and all three of the acts approved on the same day (August 21, 1876).
“The first was ‘An act to repeal Article 764’ of the Penal Code (Pase. Dig., Art. 2408), which defined and punished ‘theft from a house’ as a specific offense. Acts Fifteenth Legislature 233. The second was an act to amend Article 757 of the Penal Code (Pase. Dig., Art. 2395). This latter act reads as follows:
“ ‘Sec. 1. Theft of property under the value of twenty dollars shall be punished by imprisonment in the county jail for a term not exceeding one year — during which time the prisoner may be put to hard work — and by fine not to exceed five hundred dollars, or by such imprisonment without fine.
“ ‘Sec. 2. That all laws and parts of laws in conflict with the provisions of this act shall be, and the same are hereby, repealed.’ Acts Fifteenth Legislature, 242.

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Bluebook (online)
664 S.W.2d 91, 1984 Tex. Crim. App. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robles-v-state-texcrimapp-1984.