Burglary of a Motor Vehicle

| Sep 13, 2010 | Criminal Defense |

HB 1887 creates new punishment enhances for the repeated commission of this offense.  In addition, for purposes of determining the appropriate penalty range, a previous conviction now includes any prior burglary of a vehicle for which the person was placed on community supervision including deferred adjudication,  even if the defendant successfully completed that supervision before the effective date of the new law.  

Getting access to some parts of the vehicle that do not require a break or an entry into the vehicle can still be burglary under the “breaking the close” theory.  For instance, reaching into the open bed of a pickup truck is “entry” under the “breaking the close” theory.
Taking items from a toolbox attached to the bed of a pickup truck counts as “entry.”  Taking the  hubcaps or tire attached to the outside is not an entry and therefore not a burglary of a vehicle according to the Texas Criminal Appeals Court.