Samuel Martinez A/K/A Sammy Martinez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00157-CR

Samuel Martinez a/k/a Sammy Martinez, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT

NO. 2002-046, HONORABLE RON CARR, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted Samuel Martinez (Martinez) of burglary with intent to commit aggravated assault and sentenced him to forty years' imprisonment. See Tex. Pen. Code Ann. § 22.02 (West Supp. 2004), § 30.02 (West 2003). Martinez claims on appeal that the evidence was legally and factually insufficient to…