Graham v. State

OPINION

NYE, Chief Justice.

A jury found appellant guilty of burglary of a habitation. The trial court assessed punishment at ten years’ imprisonment at the Texas Department of Corrections. In his sole point of error, appellant complains that the trial court erred in assessing punishment after appellant had filed an election to have the jury assess punishment.

Appellant filed a formal motion electing to have the jury assess punishment on the day of the trial. The State contends appellant was not entitled to have the jury assess punishment because appellant failed to make his election at the…