BERRY v. STATE

No. PD-1416-12.

424 S.W.3d 579 (2014)

Larry Eugene BERRY, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 19, 2014.


Attorney(s) appearing for the Case

Angela Moore , Euless, TX, for Appellant.

Kevin P. Yeary , Assistant District Attorney, San Antonio, TX, Lisa C. McMinn , State's Attorney, Austin, TX, for The State of Texas.


OPINION

ALCALA, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., joined.

In this case, we interpret the meaning of the term "fiduciary capacity" as it appears in the statute defining the offense of misapplication of fiduciary property. See TEX. PENAL CODE § 32.45(a)(1)(C), (b). Interpreting that term in light of its plain meaning, we hold that it encompasses only special relationships...

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