McGee v. State

PAUL PRESSLER, Justice.

Appellant was convicted of burglary of a building. The jury assessed punishment, enhanced by a prior felony, at twenty-five years confinement in the Department of Corrections. We reverse.

On August 27, 1985, Dorothy Ann LaF-rance was working at a K-Mart Store. At approximately 1:00 a.m., when the store was not open to the public, she heard a loud bang in the back of the store, and the burglar alarm sounded. Shortly thereafter, she observed two persons in the camera department. She telephoned the police and the assistant manager of the store. While on the phone, she heard…