Legal Question in Criminal Law in Texas

This is case law and supports charging him with burglary: Where there is independent evidence of a burglary by someone, the unexplained possession of recently stolen property will support an inference of guilt of the offense in which the property is stolen. Hardesty v. State, 656 S.W.2d 73, 76 (Tex. Crim. App. 1983); Taylor v. State, 921 S.W.2d 740, 744 (Tex. App.--El Paso 1996, no pet.). In order to warrant an inference of guilt from the evidence of possession alone, such possession must be personal, recent, and unexplained, and must involve a distinct and conscious assertion of the right to the property by the defendant. Jackson v. State, 645 S.W.2d 303, 306 (Tex. Crim. App. 1983); Grant v. State, 566 S.W.2d 954, 956 (Tex. Crim. App. 1978); Vela v. State, 771 S.W.2d 659, 661 (Tex. App.--Corpus Christi 1989, pet. ref'd). If the defendant explains his possession of the property, the record must demonstrate that the explanation is false or unreasonable. Adams v. State, 552 S.W.2d 812, 815 (Tex. Crim. App. 1977); Taylor, 921 S.W.2d at 744.

With regard to the garage, case law says: An unattached garage is a "structure appurtenant to" a residence and, therefore, is within the statutory definition of "habitation." Darby v. State, 960 S.W.2d 370, 371-72 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd); Jones v. State, 690 S.W.2d 318, 319 (Tex. App.--Dallas 1985, pet. ref'd).

The bottom line is that if you friend did not immediately tell police that he bought the stuff from someone at the carwash, then he can be convicted of the burglary, and the unattached garaged (doesn't matter what the report says) is considered part of the habitation.