Burglary of Parking Meters In Texas

In Crawford in Smith v. State, 638 S.W.2d 476, 477 (Tex. Crim. App. 1982), a jury convicted the defendant of burglary of a coin-operated machine, specifically parking meters. See TEX. PEN. CODE ANN. 30.03 (Vernon 1994). Rejecting Smith's complaint that the testimony from the chief collector in the parking meter division failed to establish ownership in the City, the court held ownership could be demonstrated by oral testimony. Smith, 638 S.W.2d at 478-79. Coupled with the testimony from the chief parking meter collector, ample evidence existed to show the City owned the meters and the defendant lacked consent to take the money. Id. Section 30.03 of the Texas Penal Code provides: (a) a person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. (b) for purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner. TEX. PEN. CODE ANN. 30.03 (Vernon 1994).