Day v. State

OPINION

ONION, Presiding Judge.

The appellant brings this appeal from a conviction for the offense of burglary with intent to commit theft. Following the return of the jury’s verdict of guilty, the court assessed punishment at seven (7) years’ confinement in the Texas Department of Corrections.

The appellant contends that the evidence at trial raised the issue of criminal trespass and argues that such offense is a lesser included offense of burglary. He therefore urges that the trial court committed reversible error in failing to submit to the jury one of his two requested instructions…