Davis v. State (2003)

In Davis v. State, 119 S.W.3d 359, 367 (Tex. App. 2003), discretionary review refused (2004), the court upheld a trial court's ruling that Davis was a trespasser in a house even though he had a key to the house and thus "the ability to let people come in and out of the place." The appellate court noted that "the trial court as factfinder could have found that Davis did not obtain the key from anyone with any legitimate ownership or possessory interest in the property, or that Davis had no key at all, and that he had no right to exclude others from the property." Id. 1.