Eppinger v. State

A jury found appellant guilty of burglary of a habitation. Tex.Pen.Code Ann. § 30.02(a)(1) (1989). The district court assessed punishment, enhanced by a previous felony conviction, at imprisonment for twenty-two years.

The indictment alleged and the jury found that on the night of January 15, 1990, appellant entered a habitation without the effective consent of the owner, John Foss, with intent to commit theft. Appellant contends that the evidence is insufficient because the State failed to prove that he entered the habitation without Foss’s effective consent.

Foss lived in a one-room apartment…