Wells v. State

Smith, Judge.

Appellant was tried and convicted of the offense of burglary. Appellant’s primary contention on appeal is that the state failed to establish entry, an element of the offense of burglary. Finding no reversible error, we affirm. However, because the state has failed to establish that the requisite procedures were followed at the presentence hearing, we must vacate the judgment with respect to sentence only and remand the case for resentencing.

1. "A person commits burglary when, without authority and with intent to commit a felony or theft therein, he enters or remains within the…