Samuel Martinez A/K/A Sammy Martinez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00157-CR Samuel Martinez a/k/a Sammy Martinez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT NO. 2002-046, HONORABLE RON CARR, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted Samuel Martinez (Martinez) of burglary with intent to commit aggravated assault and sentenced him to forty years’ imprisonment. See

Tex. Pen. Code Ann. § 22.02

(West Supp. 2004), § 30.02 (West 2003). Martinez claims on appeal that the evidence was legally and factually insufficient to support the…