Martinez v. State

BRIAN QUINN, Justice.

Edward L. Martinez appeals, via three issues, his conviction for burglarizing a habitation with intent to commit theft. We address only the third for it is disposi-tive. Therein, appellant contends that the trial court erred when it refused to provide the jury with an accomplice witness instruction. We sustain the issue and reverse the judgment.

Background

The home of A.L. Hawkins, which is located across the street from Monterey High School in Lubbock, was burglarized during the night of April 23, 2003. Hawkins operated an insurance business from the abode and often…