Tracy Larance Gordon v. State
03-15-00239-CR
| Tex. App. | Nov 19, 2015Background
- Appellant Tracy Larance Gordon was indicted for burglary of a habitation for entering 3306 Thunder Creek Road on March 12, 2013 and stealing parts of a refrigerator. Indictment alleged a prior felony conviction, making punishment enhanced.
- Police found Gordon and another person leaving the garage of a vacant house; refrigerator parts and a kicked-in back door were observed; utilities were disconnected and the house had been vacant for months.
- The realtor on scene testified the property had been vacant for seven or more months and had no electricity or water; appliances and other furnishings were absent or nonfunctional.
- Gordon waived a jury; the trial court found him guilty on February 3, 2015 and later assessed punishment (with enhancement) as life in prison on March 19, 2015.
- Appellant filed a direct appeal arguing the evidence did not support the burglary-of-a-habitation conviction because the structure did not meet the statutory definition of “habitation.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the building where entry occurred qualified as a "habitation" under Tex. Penal Code definitions | Gordon: the structure was vacant, utilities disconnected, and unfurnished — not adapted for overnight accommodation, so it was a building, not a habitation | State: (implicit) prosecution treated property as habitation supporting second-degree felony burglary conviction | Trial court found guilt for burglary of a habitation; appellate brief seeks reversal on this ground (appellate court ruling not included in brief) |
| Whether classification as habitation improperly increased exposure to punishment | Gordon: misclassification raised maximum punishment from state‑jail felony to second‑degree felony and, with enhancement, produced life sentence — disproportionate result | State: (implicit) enhancement and classification were proper at trial | Appellant requests reversal and remand to correct classification or for new trial (final appellate disposition not provided) |
Key Cases Cited
- Jones v. State, 532 S.W.2d 596 (Tex. Crim. App. 1976) (definition of "habitation" requires adaptation for overnight accommodation)
- Moss v. State, 574 S.W.2d 542 (Tex. Crim. App. 1978) (abandoned or uninhabitable structures may not qualify as habitations)
- Blankenship v. State, 780 S.W.2d 198 (Tex. Crim. App. 1989) (factors bearing on whether structure is a habitation include utilities and furnishings)
- Chandler v. State, 790 S.W.2d 635 (Tex. Crim. App. 1990) (same)