Poncio v. State, 185 S.W.3d 904 (Tex. Crim. App. 2006). · Go Syfert
Poncio v. State, 185 S.W.3d 904 (Tex. Crim. App. 2006). Cases Citing This Book View Copy Cite
163 citation events (163 in the last 25 years) across 3 distinct courts.
Strongest positive: Marcus Johannsan Mitchell v. the State of Texas (texapp, 2024-07-31)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Marcus Johannsan Mitchell v. the State of Texas
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
a defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary
discussed Cited as authority (verbatim quote) Derrick Woolridge v. State
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary
discussed Cited as authority (verbatim quote) Bruce W. Murray v. State
Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.
discussed Cited as authority (verbatim quote) Bruce W. Murray v. State
Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.
examined Cited as authority (verbatim quote) Rojelio A. Trevino v. State (2×) also: Cited as authority (rule)
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
appellant's exclusive and unexplained possession of property recently stolen in a burglary in conjunction with the fact that he pawned the property very close to the burgled home are sufficient to support his burglary of a habitation conviction.
examined Cited as authority (verbatim quote) Rojelio A. Trevino v. State (2×) also: Cited as authority (rule)
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
appellant's exclusive and unexplained possession of property recently stolen in a burglary in conjunction with the fact that he pawned the property very close to the burgled home are sufficient to support his burglary of a habitation conviction.
discussed Cited as authority (verbatim quote) Jose Luis Lopez v. State
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.
discussed Cited as authority (verbatim quote) Jose Luis Lopez v. State
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.
discussed Cited as authority (verbatim quote) John Ray Hernandez v. State
Tex. App. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.
cited Cited as authority (rule) Christopher Hillman v. the State of Texas
Tex. App. · 2025 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Christopher Joseph Downum v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
A defendant’s unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.” (citing Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Victor Derick Darosa, II v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 2007) (citing Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
examined Cited as authority (rule) Teron Pratt v. the State of Texas (3×) also: Cited "see"
Tex. App. · 2022 · confidence medium
App. 2009)). 5 Circumstantial evidence which may permit an inference that the defendant committed a burglary may include “a defendant’s unexplained possession of property recently stolen in a burglary,” Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Aaron Jerrell Bennett v. the State of Texas
Tex. App. · 2021 · confidence medium
Bennett v. State Page 8 It is within the framework of these standards that we review the evidence presented to the jury. “[A] defendant's unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.” Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Jesstin Lee Getz v. State
Tex. App. · 2020 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Kenneth Ray Batten, Sr. v. State
Tex. App. · 2020 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Gary McGruder v. State (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Jeromy Devon Stewart v. State
Tex. App. · 2019 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Kombila Essongue v. State
Tex. App. · 2018 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Darryl Paul Gamble v. State
Tex. · 2018 · confidence medium
The Court of Criminal Appeals has found that when no witness can identify a suspect in a burglary case, “[the] defendant’s unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary.” Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Donald Wayne Lewis v. State
Tex. App. · 2016 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Isai German Mares v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
E.g., Poncio, 185 S.W.3d at 905 (30 minutes); Hardesty v. State, 656 S.W.3d 73 , 77 (Tex. Crim.
cited Cited as authority (rule) David Walter Bridgman v. State
Tex. App. · 2016 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Jeffrey Allen West v. State
Tex. App. · 2016 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Jeremy Marquis Beard v. State (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Torrey Michael Spaulding v. State
Tex. App. · 2015 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Christopher Siebert v. State
Tex. App. · 2015 · confidence medium
Poncio v. State, 185 S.W.3d 904, 904-05 (Tex. Crim.
discussed Cited as authority (rule) Patrick Hurd v. State (2×)
Tex. App. · 2015 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Tierra Nicole Allen v. State
Tex. App. · 2015 · confidence medium
App. 1983); and Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Victor W. Hill v. State
Tex. App. · 2015 · confidence medium
App. 2014). 3 Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Tammy Kay Taylor v. State
Tex. App. · 2015 · confidence medium
Hardesty, 656 S.W.2d at 76–77; Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) LaMarcos Rashun Liggins v. State
Tex. App. · 2015 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Carnell Lee Green v. State
Tex. App. · 2015 · confidence medium
Rollerson, 227 S.W.3d at 725 ; Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Mark Hinton O'Neal v. State
Tex. App. · 2015 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Tammy Kay Taylor v. State
Tex. App. · 2015 · confidence medium
In Pardee v. State, 2012 Tex. App. LEXIS 6823 , *4 (Tex. App. – Texarkana Aug. 16, 2012, pet. ref’d), this Court wrote, “It is well established that when a suspect is found in possession of recently-stolen property and he fails to provide a reasonable explanation for his possession of that property, the fact-finder is permitted to draw an inference of guilt.” Id. at *4 (citing Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) James Emmitt Wilson v. State
Tex. App. · 2014 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Javier Garces Perales A/K/A Javier Perales v. State
Tex. App. · 2014 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Kelly MacK Lambeth v. State (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
App. 1983); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Kelly MacK Lambeth v. State (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
App. 1983); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Jimmie D. Green, Jr. v. State
Tex. App. · 2014 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Howard Haas v. State
Tex. App. · 2014 · confidence medium
However, in the interest of justice, and because appellant believes that "[t]he State of Texas prosecuted its case against [appellant] in large part based on the 'Law of Parties,'" we will address appellant's argument that the evidence was insufficient to convict him as a party. 7 an inference of guilt.” Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Gabriel Louis Mendoza v. State
Tex. App. · 2014 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Keith Julius Jackson v. State
Tex. App. · 2014 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Anthony Guiton v. State
Tex. App. · 2014 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
discussed Cited as authority (rule) Juan Jose Reyes v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Poncio v. State, 185 S.W.3d 904, 905 (Tex.Crim.App.2006).
cited Cited as authority (rule) James R. Biegler, Jr. v. State
Tex. App. · 2013 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Ernesto Gomez v. State
Tex. App. · 2013 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Hagwood, T.J. v. State
Tex. App. · 2013 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Thomas Pryer Keith v. State of Texas
Tex. App. · 2012 · confidence medium
App. 2007); Poncio v. State, 185 S.W.3d 904, 905 (Tex. Crim.
cited Cited as authority (rule) Thomas Pryer Keith v. State of Texas
Tex. App. · 2012 · confidence medium
See Rollerson v. State, 227 S.W.3d 718, 725 (Tex.Crim.App.2007); Pondo v. State, 185 S.W.3d 904, 905 (Tex.Crim.App.2006).
David Guzman PONCIO, Appellant
v.
the STATE of Texas
PD-386-05.
Court of Criminal Appeals of Texas.
Feb 15, 2006.
185 S.W.3d 904
Mary Connealy Acosta and Patrick F. McCann, Houston, for Appellant., Dan MeCrory, Asst. District Atty., Houston, Matthew Paul, State’s Atty., Austin, for State.
Hervey.
Cited by 124 opinions  |  Published
Pinpoint authority: bottom 48%

OPINION

HERVEY, J.,

delivered the opinion for a unanimous Court.

Appellant was convicted of burglary of a habitation. [1] The evidence shows that someone entered the victim’s home without the victim’s consent and stole two guitars. The victim testified that he left his home at around 10:00 a.m. When he returned home between 11:00 a.m. and 11:30 a.m., he discovered that someone forcibly entered his home and stole the guitars. Appellant pawned the guitars at a pawnshop less than a mile away from the victim’s home at 10:29 a.m.

On direct appeal, the Court of Appeals decided that the evidence is legally sufficient to support appellant’s conviction because the jury could infer from the evidence, including appellant’s unexplained possession of the recently stolen guitars, that appellant was guilty of the burglary offense beyond a reasonable doubt. See Pondo v. State, No. 01-02-1174-CR, slip op. at 3-4, 2004 WL 2749492 (Tex.App.Houston [1st Dist], delivered December 2, 2004) (not designated for publication). We exercised our discretionary authority to review this decision. The ground upon which we granted discretionary review states:

Whether the Court of Appeals ignored the elements of entry when denying the petitioner’s appeal on the basis of legal insufficiency in a burglary?

Appellant argues that our case law permitting an inference of guilt in some theft cases from a defendant’s unexplained possession of recently stolen property does not apply to burglary cases. [2] He claims[*905] that, without this inference, the evidence is insufficient to support a finding that he entered the victim’s home.

The rule in this and most, if not all, jurisdictions seems well settled that, in cases like this, a defendant’s unexplained possession of property recently stolen in a burglary permits an inference that the defendant is the one who committed the burglary. See Willis v. State, 55 S.W. 829 (Tex.Cr.App.1900) (unexplained possession of recently stolen property is sufficient to connect a defendant with the taking of the property from the burglarized house, and therefore sufficient to connect the defendant with the burglary); see also Dove v. State, 402 S.W.2d 913, 915 (Tex.Cr.App.1966) (defendant’s unexplained possession of recently stolen property in apartment that defendant shared with someone whom jury could have concluded was physically incapable of committing the offense sufficient to support defendant’s burglary conviction); State v. Rice, 93 Kan. 589, 144 P. 1016, 1017 (1914) (“weight of authority is that proof that a burglary was committed, and that goods were then and there stolen, and shortly thereafter found in the possession of the accused, will sustain a conviction”); Wade R. Habeeb, Annotation, What Amounts To “Exclusive” Possession Of Stolen Goods To Support Inference Of Burglary Or Other Felonious Taking, 51 A.L.R.3d 727 (1973) and at 200 (2005 Supp.); compare White v. United States, 300 A.2d 716, 718-20 (D.C.1973) (inference not permitted absent independent evidence of a burglary).

We reaffirm the application of this rule in cases like this. See Dove, 402 S.W.2d at 913, 915; Willis, 55 S.W. at 829. Appellant’s exclusive and unexplained possession of property recently stolen in a burglary in conjunction with the fact that he pawned the property very close to the burgled home are sufficient to support his burglary of a habitation conviction.

The judgment of the Court of Appeals is affirmed.

1

. See Tex. Pen.Code, § 30.02(a)(1), (person commits burglary if, without the owner’s consent, the person enters a habitation with the intent to commit theft).

2

. Compare Chavez v. State, 843 S.W.2d 586, 587-88 (Tex.Cr.App.1992) (decisional law "has long permitted the conviction of a person for theft if the evidence shows him to[*905] have been found, in possession of recently stolen property without offering an explanation inconsistent with guilt when first called upon directly or circumstantially to do so”); Hardesty v. State, 656 S.W.2d 73, 76-77 (Tex.Cr.App.1983) (unexplained possession of recently stolen property permits an inference of guilt for the offense of theft); Rogers v. State, 929 S.W.2d 103, 108 (Tex.App.-Beaumont 1996, no pet.) (when there is independent evidence of a burglary, the unexplained personal possession of recently stolen property will support an inference of guilt of the offense in which the property was stolen).