Martinez v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft, enhanced under Article 62, Vernon’s Ann.P.C. The punishment was assessed at the mandatory twelve years.

The evidence shows that appellant was arrested fleeing from the scene of a burglary of Kenard’s Eneo Service Station in the early morning hours of September 3, 1972. The State’s evidence at trial was uncontroverted, and appellant does not challenge the sufficiency of the evidence.

Appellant raises two interrelated grounds of error on this appeal. He contends that the trial court…