Jimmy Howlett, Appellant v. the State of Texas

Summary

The Court affirmed the trial court's conviction, holding that the offense of criminal mischief was a continuing offense and that, because undisputed evidence showed the illegal gas diversion continued through the indictment date, the trial court had no duty to give a jury instruction on the statute of limitations. The Court also affirmed that the earlier appellate determination that the offense was continuing is law of the case, and clarified that the statute requires proof of pecuniary loss or substantial inconvenience. Justice Johnson dissented, arguing that the limitations issue was vigorously contested and that the majority improperly overruled Proctor.