Thomas v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

After finding appellant guilty of the offense of burglary, the jury found the allegation of a prior felony offense contained in paragraph two of the indictment to be true, and assessed punishment at ninety-nine years. The conviction was reversed and the cause remanded to the trial court with instructions to enter a judgment of acquittal. We granted the State’s petition for discretionary review in order to examine the Court of Appeals’ holding that the evidence was insufficient to support the conviction.

At the outset, we…