Pena v. State

OPINION

Opinion by

Justice BENAVIDES.

Appellant, Roy Pena, appeals his conviction after pleading guilty to burglary of a habitation. See Tex. Penal Code Ann. § 30.02(a)(1) (Vernon 2003). Pena, as a two-time repeat felony offender, was subject to punishment as a habitual felony offender and twenty-five to ninety-nine years’ imprisonment. See id. § 12.42(d) (Vernon Supp.2009). By way of a plea bargain, Pena confessed to the burglary of the home in exchange for a sentence cap on his punishment and for having his sentence enhanced by only one prior felony. Pena agreed to be charged with a…