Pennywell v. State

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

TIM TAFT, Justice.

A jury found appellant, Brian Keith Pennywell, guilty of burglary of a habitation. The trial court assessed punishment at 35 years’ confinement, having found true enhancement allegations that appellant had previously been convicted of burglary of a building and burglary of a motor vehicle. On May 23, 2002, this Court affirmed the trial court’s judgment. On September 4, 2002, we withdrew our May 23, 2002 opinion and held that appellant had no standing to contest the search of a stolen bag and that appellant’s 35-year…