Ramon v. State

OPINION

UTTER, Justice.

This is an appeal from a conviction of burglary of a habitation with the intent to commit rape. The jury found appellant guilty and the court assessed punishment at 75 years in the Texas Department of Corrections.

The first ground of error asserts that there was no evidence to show intent to commit rape which, under the indictment, was necessary for a conviction of burglary. Sec. 30.02(a)(3) Tex.Penal Code Ann. (Vernon 1974). The State has not filed a brief in this case, and after careful review of the evidence, we agree with appellant that the evidence is insufficient to…