Smith v. State

OPINION

PAUL PRESSLER, Justice.

This is an appeal from a conviction by a jury of burglary of a habitation enhanced by two prior criminal convictions. Punishment was assessed at life imprisonment. The sufficiency of the evidence is not challenged.

By his first ground of error, the appellant complains of the in-court identification procedures. “[E]ach case must be considered on its own facts, and ... convictions based on eyewitness identification at trial following a pretrial identification by photograph [lineup or showup] will be set aside .. . only if the ... identification ... proee-dure[s]…