Cases Dealing With ''Burglary of a Habitation'' In Texas
In Jones v. State, 532 S.W.2d 596 (Tex.Crim.App. 1976), the court reversed a jury finding, commenting that "the structure . . . must at the time of the alleged offense have been actually 'adapted for the overnight accommodation of persons or at least at some prior time have been used for overnight accommodation of persons'. . . and still be 'adapted for the overnight accommodation of persons.'" Id. at 600. See also Moss v. State, 574 S.W.2d 542 (Tex.Crim.App. 1978) (op. on reh'g).
However, as the State points out, the Jones holding in that regard was specifically overruled by Blankenship v. State, 780 S.W.2d 198 (Tex.Crim.App. 1989) (op. on reh'g).
Blankenship v. State, 780 S.W.2d 198 (Tex.Crim.App. 1989) involved an appeal from a burglary of a habitation conviction.
The Court of Appeals found the evidence sufficient to sustain the conviction.
Because the intermediate court's opinion was in conflict with Jones, the Court of Criminal Appeals granted the appellant's petition and reversed the conviction.
However, the State filed a motion seeking rehearing and a determination that Jones should be overruled because it applied the wrong standard in considering the sufficiency of the evidence and because Jones's interpretation of the term "habitation" as used in the Penal Code should be revised.
The court granted the State's motion for rehearing and, after doing so, affirmed Jones.