White v. State

WARREN, Justice.

Appellant was convicted of burglary of a habitation; enhanced by a prior felony conviction, his punishment was assessed at 30 years confinement.

The two main questions are: (1) whether a garage attached to and under the same roof as a house; but with no front door enclosing it, is a habitation as defined by Tex.Penal Code Ann. § 30.01 and § 30.02; and (2) whether appellant was denied effective assistance of counsel.

On February 23, 1980, at about 11:30 p. m., complainant and his son were watching television at their home when his son told complainant that somebody was in the…