Court of Criminal Appeals of Texas

Johnny M. Valdez v. the State of Texas, Appellee

November 10, 19811981 Tex. Crim. App. LEXIS 1237

Summary

The Court reversed Johnny M. Valdez's burglary conviction, holding that the State failed to prove he was a party to the burglary under §7.02(a)(2) and that possession of the stolen tapes did not create a sufficient inference of guilt; the conduct alleged would, at most, constitute a violation of §38.05. A dissent argued the majority erred in finding the evidence insufficient.