Zuckerman v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation. Punishment was assessed by the jury at ten years and appellant was put on probation.

The record is before us without a transcription of the court reporter’s notes or bills of exception. No brief was filed in the trial court in appellant’s behalf pursuant to Art.. 40.09(9), V.A.C.C.P., and there is no showing of indigency. Nevertheless, the record presents fundamental error that requires our review in the interest of justice.

It appears from the jury charge in this case that appellant was tried jointly with…