Jeremy Patrick Shakesnider v. State, 477 S.W.3d 920

Appellant Jeremy Patrick Shakesnider was convicted of burglary of a habitation in Fort Bend County, Texas.
The State proved GPS unit and a football were taken from complainant’s property and found in appellant’s vehicle.
A neighbor observed two men, including appellant, around the home and entering the complainant’s garage.
Appellant gave a voluntary statement admitting taking a GPS unit from a car parked in the garage.
The garage was attached to or connected with the residence and used for storage, raising the question whether it is a habitation.
The trial court denied requests for lesser-included offense instructions; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove burglary of a habitation	Shakesnider argues evidence insufficient	State contends evidence sufficient	Evidence sufficient to sustain conviction
Whether the court abused its discretion by denying lesser-included offense instructions	Shakesnider seeks trespass/building/vehicle burglary options	State argues no lesser-included offenses eligible	Court did not err in denying instructions

Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (standard for reviewing sufficiency of evidence)
Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) (court deference to jury credibility determinations)
Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) (sufficiency review framework)
Fuentes v. State, 991 S.W.2d 267 (Tex. Crim. App. 1999) (credibility and weight of witness testimony)
Sharp v. State, 707 S.W.2d 611 (Tex. Crim. App. 1986) (trial court credibility determinations honored on appeal)
Meru v. State, 414 S.W.3d 159 (Tex. Crim. App. 2013) (lesser-included offense analysis framework)
Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (two-prong test for lesser-included offenses)
Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (cognate-pleadings approach to lesser-included offenses)
Jones v. State, 532 S.W.2d 596 (Tex. Crim. App. 1976) (burglary of a building as lesser-included offense under certain circumstances)
Darby v. State, 960 S.W.2d 370 (Tex. App.—Houston [1st Dist.] 1998) (garage as structure appurtenant to habitation)
White v. State, 630 S.W.2d 340 (Tex. App.—Houston [1st Dist.] 1982) (attached garage considered habitation for purposes of burglary statute)
Hicks v. State, 204 S.W.3d 505 (Tex. App.—Amarillo 2006) (evidence showing habitation negates lesser-offense instruction)
Hayward v. State, 158 S.W.3d 476 (Tex. Crim. App. 2005) (evidence sufficiency for lesser-included offenses)