Court of Criminal Appeals of Texas

Keith Wayne Flournoy, Appellant v. the State of Texas, Appellee

February 15, 19841984 Tex. Crim. App. LEXIS 599

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that the evidence was sufficient to sustain Keith Wayne Flournoy's conviction for attempted burglary of a habitation. It found that Flournoy's act of reaching his hand through the screen door constituted an overt act beyond mere preparation, and a rational trier of fact could find the elements of the offense beyond a reasonable doubt. Justice Clinton dissented, arguing the testimony was inconclusive and the majority's review was improper.