Villarreal v. State

OPINION

CANTU, Justice.

The State has filed persuasive motions for rehearing. In light of Ayers v. State, 606 S.W.2d 936 (Tex.Cr.App.1980) we reexamine both records painstakingly.

Appellant was indicted for two burglaries. In trial court cause number 80-CR-2591 (our appellate number 04-81-00235-CR), appellant was indicted for burglary of a building owned by Yvonne Woods, in which he allegedly entered and attempted to commit and committed theft. Tex.Penal Code Ann. § 30.02(a)(3) (Vernon 1974).

In trial court cause number 80-CR-2592 (our appellate number 04-81-00234-CR) appellant was indicted for…