Craig Houston McClain, Appellant v. the State of Texas, Appellee; Charles Vincent Navarro, Appellant, v. the State…

Summary

The Texas Court of Criminal Appeals overruled Casey v. State, holding that the theft statute does not require participation in the initial unlawful appropriation and that convictions based on §31.03(b)(1) without such proof are insufficient; the case is remanded for determination of whether the appellants exercised control of the property without the owner's effective consent. The opinion was joined by a concurrence and opposed by two dissents, one of which argued that Casey should be reaffirmed and another that the stipulated evidence was inadmissible.