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This feels like a law school question, but we have these facts: Victim pulls up to gas station, goes inside for some cigarettes, and leaves his wallet sitting on his hog. Defendant walks along and steals his wallet. Burglary of a Motor Vehicle or simple Theft? Has some interesting enhancement permutations due to Defendant's prior activities.
 
Posts: 5 | Location: Canton, TX | Registered: July 21, 2016Reply With QuoteReport This Post
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I'd have to go with no, based on cases like Richardson v. State, 888 S.W.2d 822 (Tex. Crim. App. 1994). Reaching into the bed of a pickup to steal something requires entry into a part of the vehicle, even though that part is perpetually open. Entry is a required element of burglary; the case refers to it as "breaking of the close." So, taking stuff in the bed of a pickup, or out of an unlocked toolbox in it, is burglary. Taking something from the outside of the vehicle, like tires or hubcaps, is not.

Stealing a wallet that was set on top of a motorcycle would not require entry and would not be a burglary. Stealing a wallet out of a saddlebag or another container attached to the motorcycle, I'd argue that that is a burglary.
 
Posts: 41 | Location: 286th District | Registered: June 04, 2004Reply With QuoteReport This Post
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I vote "No" to BMV. Did the guy have his credit cards or DL in his wallet? How about Credit/Debit Card Abuse or Fraudulent Use or Possession of Identifying Information?
 
Posts: 38 | Location: Brenham | Registered: March 24, 2010Reply With QuoteReport This Post
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