Luke v. State

Benham, Judge.

Appellant was convicted of burglary, robbery, and aggravated assault and brings this appeal from the judgment entered on the jury’s verdicts.

1. The charges brought against appellant concerned events which took place in the home of Mrs. Clarence King on July 11, 1983. In his first enumerated error, appellant contends that his constitutional guarantee against double jeopardy was infringed upon when the trial court refused to rule that the robbery charge factually merged into the burglary charge.

“A person commits the offense of burglary when, without authority and with the intent…