Texas Penal Code Section 30.02(a)(1) governs burglary. That offense is committed where a person without the effective consent of the owner enters a habitation or a building (or any portion of a building not open to the public) with the intent to commit a felony, theft, or assault.
While the statute may seem very air-tight on the surface, a bit of digging shows there are all sorts of potential legal issues with regards to what is or is not a burglary for any given set of circumstances.
An extremely difficult element for the State to prove in a burglary is identity if the defendant is arrested somewhere…
View original post 309 more words