Is ''Refusing to Leave the Premises'' a Crime ?
1. In Zarsky v. State, 827 S.W.2d 408, 414 (Tex. App.--Corpus Christi 1992, pet. ref'd):
On the morning of appellant's arrest, Hopkins approached appellant, identified himself and requested that appellant leave the property. Hopkins testified that he had the authority to take care of the property; appellant, in his testimony, acknowledged that Hopkins had the authority to ask him to leave. . . .
We find this evidence sufficient to sustain the conviction.
Appellant was not prosecuted for entering the property.
He was prosecuted for remaining on the property after being notified to leave.
2. In Olaniyi-Oke v. State, 827 S.W.2d 537 (Tex. App.--Houston [1st Dist.] 1992, pet. ref'd):
Appellant entered the first floor of the Harris County jail and approached the master control center, where Harris County Deputy Davis was on duty. . . . Appellant handed Davis fragments of a Texas driver's license. Davis informed appellant that the identification was unacceptable, and denied appellant access to the upper portion of the jail.
Appellant became angry, and Davis asked him to leave the premises. Appellant did not leave, and Davis arrested appellant for the offense of criminal trespass.
3. In Felker v. State, 819 S.W.2d 636, 637 (Tex. App.--Corpus Christi 1991, no pet.):
Ms. Van Holsbeck called Lorenz, property manager of the International Plaza, the building which housed the office. He told them that Ms. Van Holsbeck had to close the office for lunch, and he asked them to leave and come back at 1:00. He gave them consent to stay in the building between 12:00 and 1:00, but he did not give them consent to stay in Congressman Ortiz' office during that time period. They still refused to leave the office. a Brownsville police officer, Larry Ferrar, told them that Ms. Van Holsbeck wanted to go to lunch and asked them to leave. He told them that if they did not leave, they would be arrested. They refused to leave and were arrested.
4. In Moses v. State, 814 S.W.2d 437, 443 (Tex. App.--Austin 1991, pet. ref'd, untimely filed):
LaFayette gave warnings at the front and back doors of the clinic. She asked the people to leave and advised them if they did not leave that they would be trespassing. . . .
Austin Police Lieutenant Stewart testified that appellant 'was in front of the crowd of persons that was blocking the doorway.' Stewart, at LaFayette's request, advised the crowd that they had been warned to leave and not come back, that they were in violation of the criminal trespass statute, and, if they continued to remain on the premises, that they would be subject to arrest.