Alvarado v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of burglary of a habitation. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant asserts that: the State failed to prove his intent to commit theft; the court erroneously refused to quash a paragraph of the indictment in which was alleged a prior conviction to enhance punishment; the court erroneously refused to submit a jury charge on circumstantial evidence, and the punishment assessed is cruel and unusual.

Sergeant Joe Chacon, an eighteen year veteran of the El Paso Police…