Martinez v. State

OPINION

ONION, Presiding Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of burglary of a building. Punishment was assessed at imprisonment for 15 years.

In his brief filed in the trial court appellant’s sole contention is that the indictment under which he was convicted is fundamentally defective because it fails to allege a culpable mental state. See V.T.C.A., Penal Code, Sec. 6.02. The indictment, omitting its formal parts, alleged that appellant, on or about May 11, 1977, did then and there unlawfully “with intent to commit theft, enter a…