(Download) "Ray Kennedy Griffin v. State Texas" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Ray Kennedy Griffin v. State Texas
- Author : Supreme Court Of Utah
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
A jury convicted appellant of burglary of a motor vehicle, and the trial court assessed punishment at confinement for six years. On appeal appellant complained that he had argued that removal of a tire and hubcap was not burglary, the State objected that such was a misstatement of the law, and the trial court sustained that objection. The court of appeals assumed, without deciding, that the objection was improperly sustained, thus constituting error, but held it was not reversible and affirmed the judgment. Griffin v. State, 725 S.W.2d 773 (Tex.App. - Dallas 1987). On review we decided the court of appeals used the wrong test and remanded the cause for that court to determine "whether the trial court erred in sustaining the States objection" and, "if so, whether such error was harmless under Tex.R.App.Pro. 81(b)(2). Griffin v. State, 779 S.W.2d 431 (Tex.Cr.App. 1989)." The court of appeals then held that removal of hubcaps and tires from a vehicle by use of a tire tool constituted burglary of a vehicle under V.T.C.A. Penal Code, ? 30.04, so the trial court did not err in sustaining the objection. The court nevertheless found "any error . . . is harmless beyond a reasonable doubt." Griffin v. State, 785 S.W.2d 179 (Tex.App. Dallas 1990). We granted review to address both issues.