Nieto v. State

OPINION

KENNEDY, Justice.

A jury found Felipe Nieto, Jr. guilty of burglary of a habitation with intent to commit theft. The trial court found Nieto to be a repeat offender and assessed punishment at thirty years confinement. Nieto appeals by a single point of error, complaining that the trial court erred in overruling his motion for an instructed verdict of acquittal because the evidence was insufficient as a matter of law to identify him as the person who burglarized the complainant’s house.

The complainant, William Solelether, testified that he lived by himself in a rural residence just…