DeVaughn v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Following his plea of not guilty, a jury convicted appellant of the first degree felony offense of burglary of a habitation, as proscribed by V.T.C.A. Penal Code, § 30.02(a)(3). Punishment was assessed by the trial court at ten years confinement in the Texas Department of Corrections. The Court of Appeals for the Fourth Supreme Judicial District reversed appellant’s conviction and remanded the cause to the trial court. DeVaughn v. State, 678 S.W.2d 143 (Tex.App.—San Antonio 1984).

The State petitioned this Court for…