Sims v. State

DUNN, Justice.

This is an appeal from a conviction of burglary. Appellant pleaded guilty to the charge, but asked for a contested jury trial on the two enhancement paragraphs and the punishment. The jury returned a sentence of 51 years imprisonment.

The indictment charging appellant alleged burglary in two ways: (1) that appellant entered the building “with the intent to commit theft,” and (2) that appellant entered the building and “did attempt to commit and commit theft of a bicycle, tool box and tools.”

After the jury was selected, but before the evidence was presented to the jury for the…