Gary Wayne Willoughby AKA Herbert James Hancock v. State

IN THE

TENTH COURT OF APPEALS

No. 10-07-00313-CR

gary wayne willoughby,

Appellant

v.

The State of Texas,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2007-923-C2

memorandum opinion

Appellant Gary Wayne Willoughby was convicted of burglary of a habitation and sentenced to life in prison after the jury found true two enhancement paragraphs for prior habitation burglaries. Raising four issues, he appeals. We will affirm.

Willoughby’s first two issues complain that the trial court erred in failing to sua sponte charge the jury on the lesser-included offenses of theft and…