Luis Ruiz Sierra v. State

OPINION

Michael Massengale, Justice

Luis Ruiz Sierra pleaded guilty to burglary of a habitation with intent to commit sexual assault. See Tex. Penal Code § 30.02. The trial court classified the offense as a first-degree felony and sentenced Sierra to a 30-year prison term. See id. §§ 12.32, 30.02(d). On appeal, Sierra challenges this as an illegal sentence, arguing that the indictment charged him with burglary under Penal Code section 30.02(a), which is a second-degree felony with a maximum sentence of 20 years. See id. §§ 12.33, 30.02(c)(2).

Burglary is classified as a first-degree felony when…