Thomas v. State

SEARS, Justice.

Appellant was convicted of burglary of a habitation with intent to commit theft and was sentenced to five years confinement. He argues that his conviction must be re versed because TEX.CODE CRIM.PROC. ANN. art. 1.13 (Vernon 1977) (waiver of jury trial), was not complied with, the trial court denied his Motion to Suppress and did not conduct an identification hearing. We have carefully examined the record and affirm the conviction.

At about 1:00 p.m. on March 9, 1983, Leroy Ethridge and a friend observed Appellant and two other men each “toting something” down the street. At the…