Martinez v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of burglary; the punishment, enhanced by a prior felony conviction, is imprisonment for fifteen years.

We overrule the appellant’s contention that the evidence is insufficient to sustain his conviction; but we find that another ground of error requires reversal of the judgment. The appellant asserts, and we agree, that it was error not to allow him to present evidence to the jury to support his plea of former jeopardy which raised fact issues for the jury to determine.

Article 36.13, V.A.C.C.P. provides:

“After cause is…