Court of Criminal Appeals of Texas

Thomas Wilson, Appellant v. the State of Texas, Appellee

September 19, 19841984 Tex. Crim. App. LEXIS 748

Summary

The Court reversed the Court of Appeals and remanded for further consideration, holding that the State may not raise the issue of standing for the first time on appeal when there is no affirmative evidence the defendant lacked a reasonable expectation of privacy, and that the appellant did establish such an expectation in the borrowed automobile. The opinion also notes a concurrence that discusses the historical and statutory context of standing.