Turner v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

A jury convicted appellant of burglary of a habitation. The jury made an affirmative finding that appellant exhibited a deadly weapon during the commission of the offense. The Court assessed punishment at 25 years’ confinement in the Texas Department of Corrections.

Appellant contended before the Court of Appeals and contends now in his petition for discretionary review, that the trial court’s charge contains fundamental error because it includes an instruction that the law presumes an intent to commit theft if one…