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Shipp v. State of Texas

The appellant was indicted for the offense of forgery under Texas Penal Code �32.21. Because the jury found that the counterfeit writing he passed, a purported store receipt, constituted a "commercial instrument," it convicted him of a state jail felony under �32.21(d). The Texarkana Court of Appeals found the evidence insufficient to support conviction for a state jail felony, however, holding that there was no evidence to show that a store receipt constitutes a "commercial instrument" in contemplation of the statute. The court of appeals' judgment is reversed; the trial court's judgment is reinstated. Texas Court of Criminal Appeals, No. PD-1346-09, 02-02-2011

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Price, J., announced the judgment of the Court and delivered an opinion in which Keasler, Hervey and Cochran, JJ., joined. Meyers, J., filed a concurring opinion. Keller, PJ., filed a dissenting opinion in which Johnson, J., joined. Womack, J., dissented.

OPINION

The appellant was indicted for the offense of forgery under Section 32.21 of the Texas Penal Code.*fn1 Because the jury found that the counterfeit writing he passed, a purported store receipt, constituted a “commercial instrument,” it convicted him of a state jail felony under Section 32.21(d).*fn2 The Sixth Court of Appeals found the evidence insufficient to support conviction for a state jail felony, however, holding that there was no evidence to show that a store receipt constitutes a “commercial instrument” in contemplation of the statute.*fn3 We granted the State Prosecuting Attorney’s [SPA] petition for discretionary review in order to address whether the court of appeals has correctly construed the statute.*fn4 We will reverse the court of appeals’s judgment and reinstate the judgment and sentence of the trial court.*fn5

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