Gonzales v. State

OPINION

GREEN, Commissioner.

The offense is burglary; the punishment, assessed by the court, ten (10) years.

The sufficiency of the evidence is not questioned.

The record reflects that Mrs. James De Carlo closed and locked the family grocery store, Jimmy’s Food Store, on January 23, 1974 at 8:00 P.M. Later that night elements of the Dallas police force arrived at Jimmy’s Food Store in response to a silent burglar alarm. Officer Motley testified he saw the appellant standing at a counter getting cigarettes out of a rack which was behind the cash register. Minutes later, Officer Jackson arrested…