Court of Criminal Appeals of Texas

Freddy Albert Cardenas Robles, Appellant v. the State of Texas, Appellee

February 15, 19841984 Tex. Crim. App. LEXIS 600

Summary

The Court of Criminal Appeals of Texas affirmed the appellant's conviction for burglary of a habitation with intent to commit theft, holding that the Texas burglary statute does not require the intended theft to be of property located within the premises entered; it is sufficient that the entry was made to further the theft. The Court found a close factual connection between the entry and the intent to extort money from the bank, satisfying the statutory element. The opinion also includes a dissent arguing that the prosecution must prove the stolen property was in the premises, and a concurrence agreeing with the majority's interpretation of the statute.