Blankenship v. State

*206OPINION ON STATE’S MOTION FOR REHEARING

WHITE, Judge.

Appeal is taken from a conviction of burglary of a habitation. V.T.C.A., Penal Code Sec. 30.02.1 Punishment was assessed by the jury at eight years confinement.

On direct appeal to the Sixth Court of Appeals, appellant challenged the sufficiency of the evidence to prove that the burglarized premises were a “habitation” as defined in the Penal Code. See V.T.C.A., Penal Code See 30.01(1).2 The Court of Appeals found the evidence sufficient to prove “habitation” and affirmed the conviction. Blankenship v. State, 715 S.W.2d 132…