Warren v. State

*780OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

The appellant was convicted of the offense of burglary of a habitation. The jury assessed punishment at confinement for twenty years in the Texas Department of Corrections. On appeal a panel of the Court of Appeals for the Fifth Supreme Judicial District of Texas at Dallas, 641 S.W.2d 579 reversed the conviction based upon the appellant’s challenge to the sufficiency of the evidence in a pro se brief that was untimely filed.

On the state’s motion for rehearing the state argued that the Court of Appeals had no authority to consider a brief not…