Blankenship v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of burglary of a habitation pursuant to V.T.C.A., Penal Code § 30.02. The jury assessed punishment at eight years in the Texas Department of Corrections, and the conviction was affirmed by the Court of Appeals in a published opinion. Blankenship v. State, 715 S.W.2d 132 (Tex.App.—Texarkana 1986). On appeal, appellant complained that the evidence was insufficient to support his conviction because the State failed to prove the burglarized premises was a “habitation” as defined by V.T.C.A., Penal Code…