Walker v. State

COLLEY, Justice.

Daniel Wayne Walker was convicted by a jury of burglary of a building. 1 The trial judge assessed his punishment 2 at 40 years. The record reveals that on September 4, 1986, a K-Mart store located on Northwest Loop 323 in Tyler was burglarized. Entry was gained by breaking the glass doors located on the west side of the building. Two television sets and a number of firearms were removed by the burglars. The gun case from which the firearms were taken had glass doors which were broken out. We will reverse and order an acquittal.

Although Walker was represented at trial by…