Davis v. State

OPINION

FOWLER, Justice.

Over his plea of not guilty, a jury found Otis Lee Davis (“Davis”) guilty of burglary of a habitation with intent to commit theft. See Tex. Penal Code Ann. § 3(102 (West 1994). After finding Davis had two previous felony convictions, the trial judge assessed punishment at forty years imprisonment in the Texas Department of Criminal Justice, Institutional Division. The trial court convicted and sentenced Davis accordingly. Davis appeals on one point of error. We affirm the trial court judgment.

THE CONTROVERSY

On April 4, 1995, Sandra Hale (“Hale”) returned home at 2:00…