Castillo v. State

OPINION

DUNN, Justice.

The appellant was indicted in October of 1983 for the offense of burglary of a habitation with the intent to commit theft. He first stood trial in September of 1984, but that jury was discharged because they could not agree upon a verdict. In January of 1985, following the appellant’s plea of “not guilty” to this offense, a second jury found him guilty as charged and assessed the maximum punishment of 99 years imprisonment and a $10,000 fine.

The sufficiency of the evidence is not challenged.

The appellant’s first ground of error alleges that the trial court erred in…