Grettenberg v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted, after a jury trial, of burglary of a habitation with the intent to commit aggravated assault. V.T. C.A. Penal Code, § 30.02. Enhanced by a prior conviction, the jury assessed punishment at life imprisonment in the Texas Department of Corrections1 and a $10,000 fine. In an unpublished opinion; the San Antonio Court of Appeals reformed the trial court’s judgment, finding that appellant was not given notice that the State would seek an affirmative finding of the use of a deadly weapon. Grettenberg v.…