NO. 12-23-00237-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TYLER DE’SHUNTA SMITH, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 7TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

Appellant, Tyler De’Shunta Smith, appeals his conviction for burglary of a habitation. In 

one issue, he challenges the sufficiency of the evidence to support the jury’s verdict. We affirm.

BACKGROUND

In the early hours of February 14, 2022, Officer Zach Allen of the Lindale Police

Department was dispatched to Cedar Knoll Apartments in Lindale, Texas, in relation to a 

criminal trespass. When he arrived, Allen encountered Kaicee Williams, who was bleeding from 

the area of her ear. Williams stated that Appellant, her ex-boyfriend, struck her about the head 

and caught her ear with his fingernail, but he was no longer present. Law enforcement obtained

a warrant for Appellant’s arrest for the offense of burglary of a habitation and executed the 

warrant on March 25, 2022. Appellant pleaded “not guilty,” and this matter proceeded to a jury 

trial.

Williams’s Testimony

Williams testified that she and her daughter moved into the Cedar Knoll Apartments

residence in August of 2020. She and Appellant were dating, but his name was never listed on 

the lease because of his “previous history.” The property manager initially consented to 
2

Appellant’s presence, and one of the utility bills was initially in Appellant’s name. In December

2020, management requested a criminal trespass warning against Appellant barring him from the 

premises.

1 Williams stated that Appellant did not reside at the apartment thereafter, although she

occasionally permitted him to stay with her for no more than two days at a time. At an 

unspecified time in 2021, law enforcement responded to the apartment for criminal trespass by 

Appellant but did not arrest him. Williams testified that she took Appellant’s name off the 

electricity bill after this incident.

Williams stated that on the night of the charged offense, she received a ride back to her 

apartment from a Super Bowl party. Appellant was sitting in the parking area in his car, unable 

to go inside because he did not have a key. Williams gave Appellant money for gas to return to 

his residence and Appellant drove away. Shortly thereafter, Williams exited the apartment to 

take her dog outside and failed to lock the door. While Williams was still outdoors, Appellant 

drove back into the parking lot, ran into the apartment, and locked the door behind him. From 

the kitchen window, Williams saw Appellant perusing her personal items and taking objects,

including a credit card, her cell phone charger, and a pocketknife. Williams called the police

while standing in front of the apartment door. Subsequently, Appellant opened the door and 

immediately “pushed [Williams] back,” then either slapped or punched her “to move [her] out of 

the way.” During the altercation, Appellant swung the knife at Williams and cut her ear, after 

which Appellant left the premises. When the police arrived, Williams said that she wished to 

press charges for the criminal trespass, but not assault. At the end of February 2022, Williams 

moved to a different apartment located in Tyler, Texas. Appellant helped her move, but did not

move there with her because they agreed to end their relationship. Subsequently, on March 25, 

2022, Appellant showed up at the Tyler apartment and demanded entry. Williams called law 

enforcement, who subsequently arrested Appellant in connection with the events of February 14.

Appellant’s Testimony

Appellant testified that when he and Williams moved into the Cedar Knoll apartment in 

August 2020, he paid all the bills, but was not on the lease because he was on parole from a past 

robbery conviction. Appellant initially had a key to the apartment but eventually misplaced it 

and never got another. The original criminal trespass arose from a “petty” disagreement between

1 Officer Carlos Flores of the Lindale Police Department testified that on December 18, 2020, at the request 

of the management of Cedar Knoll Apartments, he issued a criminal trespass warning against Appellant instructing 

him not to return to the premises.
3

himself and Williams about a television. Appellant stated that he left for only a couple of hours 

after this incident. Following the second criminal trespass incident, Appellant left the residence 

for approximately one day, after which Williams invited him back to the apartment and 

everything went “back to normal.”

Appellant also gave his version of the events that occurred on the night of February 13, 

2022. He explained that he was waiting in his car in the parking lot since he did not have a key, 

and once Williams arrived, he followed her into the apartment. Williams accused him of 

infidelity, and the two began arguing. Appellant packed his personal belongings and attempted 

to leave, but Williams stepped in front of him to block him from leaving the bedroom. Appellant 

“pushed her back” and entered the living room, after which Williams hit him from behind and

caused him to drop some items he was carrying. A “physical altercation” ensued, during which 

Appellant ejected Williams from the apartment and locked the door. Appellant opened the door

when he heard Williams threaten to call the police; when she entered, Williams attempted to 

strike Appellant. Appellant testified that he attempted to step back or brace himself, but 

“reacted” by hitting her, which caused the scratch on Williams’s ear. He then ran outside to his 

car and left the premises. He stated that he and Williams did not physically fight in the parking 

lot at any point, and he denied having or using a knife at any point during the incident. 

Appellant returned to the Cedar Knoll apartment the following evening and lived there with 

Williams until the end of February, when the two moved to Tyler together. Appellant testified 

that he was “at home” at the Tyler apartment when arrested in connection with the charged 

offense, and returned there with Williams after she bailed him out of jail.

The jury found Appellant “guilty” of the charged offense and assessed punishment of five 

years’ imprisonment. This appeal followed.

SUFFICIENCY OF THE EVIDENCE

In his sole issue, Appellant argues that the evidence was legally insufficient to support a 

finding that he entered a habitation without the effective consent of the owner, as required for the

offense of burglary of a habitation.

2

2 Appellant additionally argues that the evidence was legally insufficient to support a finding that he 

intended to commit an assault before entering the apartment. However, the indictment in this case alleges that 

Appellant “attempted to commit or committed an assault against Kaicee Williams,” and contains no allegations 
4

Standard of Review and Applicable Law

The Jackson v. Virginia legal sufficiency standard is the only standard that a reviewing 

court should apply in determining whether the evidence is sufficient to support each element of a 

criminal offense that the state is required to prove beyond a reasonable doubt. See Brooks v. 

State, 323 S.W.3d 893, 895 (Tex. Crim. App. 2010). Legal sufficiency is the constitutional 

minimum required by the Due Process Clause of the Fourteenth Amendment to sustain a 

criminal conviction. See Jackson v. Virginia, 443 U.S. 307, 315–16, 99 S. Ct. 2781, 2786–87, 

61 L. Ed. 2d 560 (1979). The standard for reviewing a legal sufficiency challenge is whether any 

rational trier of fact could have found the essential elements of the offense beyond a reasonable 

doubt. See Jackson, 443 U.S. at 320, 99 S. Ct. at 2789; see also Johnson v. State, 871 S.W.2d 

183, 186 (Tex. Crim. App. 1993). The evidence is examined in the light most favorable to the 

verdict. See Jackson, 443 U.S. at 320, 99 S. Ct. at 2789; Johnson, 871 S.W.2d at 186. A jury is 

free to believe all or any part of a witness’s testimony or disbelieve all or any part of that

testimony. See Lee v. State, 176 S.W.3d 452, 458 (Tex. App.–Houston [1st Dist.] 2004), aff’d, 

206 S.W.3d 620 (Tex. Crim. App. 2006). A successful legal sufficiency challenge will result in 

rendition of an acquittal by the reviewing court. See Tibbs v. Florida, 457 U.S. 31, 41–42, 102 

S. Ct. 2211, 2217–18, 72 L. Ed. 2d 652 (1982).

Circumstantial evidence is as probative as direct evidence in establishing guilt, and 

circumstantial evidence alone can be sufficient to establish guilt. Rodriguez v. State, 521

S.W.3d 822, 827 (Tex. App.–Houston [1st Dist.] 2017, no pet.) (citing Sorrells v. State, 343 

S.W.3d 152, 155 (Tex. Crim. App. 2011)). Each fact need not point directly and independently 

to the guilt of the appellant, as long as the cumulative force of all the incriminating 

circumstances is sufficient to support the conviction. See Hooper v. State, 214 S.W.3d 9, 13 

(Tex. Crim. App. 2007). Juries are permitted to draw multiple reasonable inferences as long as 

each inference is supported by the evidence presented at trial. Id. at 15. An inference is a 

conclusion reached by considering other facts and deducing a logical consequence from them, 

while speculation is mere theorizing or guessing about the possible meaning of facts and 

evidence presented. Id. at 16.

regarding Appellant’s intent. A conviction for burglary of a habitation may rest on a finding that the person 

charged, having entered the habitation without effective consent of the owner, attempted to commit or committed an 

assault therein. See TEX. PENAL CODE ANN. § 30.02(a)(3) (West 2023).
5

The sufficiency of the evidence is measured against the offense(s) as defined by a 

hypothetically correct jury charge. See Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 

1997). A hypothetically correct jury charge “accurately sets out the law, is authorized by the 

indictment, does not unnecessarily increase the State’s burden of proof or unnecessarily restrict 

the State’s theories of liability, and adequately describes the particular offense for which the 

defendant is tried.” Id. As is pertinent to this case, a person commits the offense of burglary of 

a habitation if he enters a habitation without the effective consent of the owner and commits or 

attempts to commit an assault. TEX. PENAL CODE ANN. § 30.02(a)(3) (West 2023).

Analysis

Appellant contends that because he was a resident of the Cedar Knoll apartment, he could 

not have entered the habitation without the owner’s consent. However, Appellant’s purported 

status as a resident of the apartment does not shield him from prosecution for burglary under 

Texas law. The Texas Penal Code defines “owner” as a person who “has title to the property, 

possession of the property, whether lawful or not, or a greater right to possession of the property 

than the actor[.]” TEX. PENAL CODE ANN. § 1.07(35) (West 2023). Texas courts apply the

“greater right to possession” doctrine to prosecutions for burglary; a defendant who has some, 

but less, right to control a habitation than the alleged owner may therefore be prosecuted for 

burglary of that habitation. Morgan v. State, 501 S.W.3d 84, 91 (Tex. Crim. App. 2016).

In Morgan, the Texas Court of Criminal Appeals held that although the defendant lived 

with his girlfriend in her apartment, because she paid the rent and was the only one named in the 

lease, she had a greater right to possession and was the “owner” of the apartment. Id.

Consequently, the defendant was subject to prosecution for burglary of his girlfriend’s

apartment. See id.; see also Aldana v. State, No. 04-18-00369-CR, 2018 WL 6331025, at *2 

(Tex. App.—San Antonio Dec. 5, 2018, no pet.) (mem. op., not designated for publication) 

(apartment resident’s boyfriend, who was not signatory to the lease and did not have a key, had 

lesser right to possession than resident girlfriend). Similarly, in this case, the evidence supports a 

finding that Williams had a greater right to possession of the apartment than Appellant. Both 

Williams and Appellant testified that only Williams’s name was on the lease, and Appellant did 

not have a key to the apartment. Williams testified that Appellant only occasionally stayed at the 

apartment overnight following the initial criminal trespass in December 2020, but did not resume 

a permanent residence there. As sole judge of the witnesses’ credibility, the jury was entitled to 
6

believe Williams’s recounting of events over Appellant’s contrary account. See Lee v. State, 176 

S.W.3d 452, 458 (Tex. App.–Houston [1st Dist.] 2004). Although the evidence suggests 

Appellant’s name may have been attached to the electricity utility account for several months, 

this factor would not grant him equal or greater ownership rights to the apartment than the rights

held by Williams. Therefore, based on the applicable law and evidence, we hold that the jury 

could reasonably infer either that Appellant did not have any right to possess the apartment, or 

that Williams’s right to possess the apartment as the “owner” was greater than Appellant’s, and

that Appellant was subject to prosecution for burglary. We overrule Appellant’s sole issue.

DISPOSITION

Having overruled Appellant’s sole issue, we affirm the judgment of the trial court.

GREG NEELEY

Justice

Opinion delivered May 8, 2024.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT 

MAY 8, 2024 

NO. 12-23-00237-CR

TYLER DE'SHUNTA SMITH, 

Appellant

V.

THE STATE OF TEXAS, 

Appellee

Appeal from the 7th District Court 

of Smith County, Texas (Tr.Ct.No. 007-2174-22) 

THIS CAUSE came to be heard on the appellate record and briefs filed 

herein, and the same being considered, it is the opinion of this court that there was no error in the 

judgment. 

It is therefore ORDERED, ADJUDGED and DECREED that the judgment 

of the court below be in all things affirmed, and that this decision be certified to the court 

below for observance. 

Greg Neeley, Justice. 

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.