FANNIE WILLIS GRIFFIN, Appellant v. THE STATE OF TEXAS, Appellee

State: Texas

Court: Texas Northern District Court

Docket No: 05-89-00047-CR

Case Date: 11/22/1989

Plaintiff: FANNIE WILLIS GRIFFIN, Appellant

Defendant: THE STATE OF TEXAS, Appellee

Preview:FANNIE WILLIS GRIFFIN, Appellant v. THE STATE OF TEXAS, Appellee
Affirmed and Opinion filed November 22, 1989 S In The Court of Appeals Fifth District of Texas at Dallas ............................ No. 05-89-00047-CR ............................ FANNIE WILLIS GRIFFIN, Appellant V. THE STATE OF TEXAS, Appellee ................................................................. On Appeal from the County Court at Law No. 3 Collin County, Texas Trial Court Cause No. 3-1229-87 ................................................................. OPINION PER CURIAM Before Justices Howell, Baker and Burnett Fannie Willis Griffin appeals her jury conviction for criminal trespass for which the jury assessed as punishment 90 days confinement, probated for 180 days, and payment of a $100 fine. In three points of error, appellant contends that 1) the evidence is insufficient to support the conviction, and 2) the jury charge was fundamentally erroneous. We disagree and affirm. In her first two points of error, appellant argues that the evidence is insufficient to establish that she was on the complainant's property without her consent and that she was given notice to depart. The elements of criminal trespass are that: 1) a person, 2) without effective consent, 3) enters or remains on property or in building of another, 4) knowingly or intentionally or recklessly, 5) when he had notice that entry was forbidden or received notice to depart but failed to do so. See Day v. State, 532 S.W.2d 302, 306 (Tex. Crim. App. 1976); Johnson v. State, 665 S.W.2d 554, 556 (Tex. App. -- Houston [1st Dist.] 1984, no pet.); see also Tex. Penal Code Ann.

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