Spencer v. State

OPINION

YOUNG, Justice.

Wayne Spencer was convicted of burglary and sentenced, as a habitual offender, to imprisonment for life in the Texas Department of Corrections. Because we find that the trial court should have granted the appellant’s motion to suppress, we reverse.

Before we begin our discussion of the Fourth Amendment issue, we shall dispose of the ground of error (fourth ground) challenging the sufficiency of the evidence. Spencer contends that the State failed to prove that he did not have consent to enter the dwelling. The evidence shows that he was an employee of Big State Pest…