D sells an air compressor that was taken out of a building. Owner id's air compressor as his and states it was in one of his buildings. Can he be indicted in the alternative? One paragraph for burglary of building and one for theft.

Take a look at Langs v. State, 183 S.W.3d 680, 686 (Tex. Crim. App. 2006) ("Thus, the State may obtain either a burglary or the underlying felony (or theft or assault) if it alleges a burglary under Section 30.02(a)(3), but not both.").

Also look at Poncio v. State, 185 S.W.3d 904 (Tex. Crim. App. 2006) (exclusive and unexplained possession of property recently stolen in burlgary supports inference that defendant is one who committed burglary).

[This message was edited by APorter on 06-28-10 at .]