Court of Criminal Appeals of Texas

Steven Wayne Denton, Appellant v. the State of Texas, Appellee

December 6, 19951995 Tex. Crim. App. LEXIS 125

Summary

The Court of Criminal Appeals affirmed the conviction for unauthorized use of a motor vehicle, holding that the term “operate” under Texas Penal Code §81.07(a) includes the exertion of power or influence over a vehicle, such as starting the engine and revving the accelerator, even if the vehicle does not move. The Court applied a totality‑of‑the‑circumstances test, finding the evidence sufficient to prove operation.