Perez v. State

OPINION

ROBERTS, Judge.

Appellant was convicted by a jury for burglary under the former Penal Code. The punishment, enhanced under Art. 62, Vernon’s Ann.P.C., was assessed by the court at twelve (12) years.

*456We are confronted at the outset with fundamental error in the court’s charge which must be reviewed in the interest of justice. Art. 40.09(13), Vernon’s Ann.C.C.P. Harris v. State, 522 S.W.2d 199, 202 (Tex.Cr.App.1975).

The first paragraph of the charge states that the appellant stands accused of burglary with intent to commit theft, alleged to have been committed in Bexar County, Texas, on or…