Louie Papakostas v. State

OPINION

Opinion by

Justice BAIRD.

Appellant was charged by indictment with the offense of burglary of a habitation. A jury convicted appellant of the charged offense, and the trial judge assessed punishment at eight years confinement in the Texas Department of Criminal Justice — Institutional Division and a fine of $2,500. We affirm.

I. Factual Summary.

Prior to trial, appellant elected to have the trial judge assess punishment in the event he was convicted. That conviction occurred on September 11, 1987, and the jury was excused. On October 9,1987, the scheduled date for the punishment hearing,…