Robles v. State

OPINION

KENNEDY, Justice.

Appellant was convicted by a jury of burglary of a vehicle, and his punishment was assessed at confinement for five years in the Texas Department of Corrections and a fine of one thousand dollars ($1,000.00).

At the outset, we perceive fundamental error. The statute involved is Tex.Penal Code Ann. Sec. 30.04 which defines burglary of vehicles in the following language:

“(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.” (Emphasis supplied).

T…