Espinoza v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Trial was before the court upon appellant’s plea of not guilty to burglary of a building, V.T.C.A. Penal Code, Sec. 30.02. After finding appellant guilty, the court found appellant had also committed one prior felony and assessed punishment at twelve years. The conviction was reversed by the Fourth Supreme Judicial District Court of Appeals. Espinoza v. State, 627 S.W.2d 788 (Tex.App.—San Antonio, 1982). We granted the State’s petition for discretionary review in order to examine the Court of Appeals’ holding that the…