Cook v. State

OPINION

UTTER, Justice.

The appellant was convicted by a jury of the lesser included offense of criminal attempt to commit burglary of a habitation after having been indicted for the offense of burglary of a habitation. Punishment, enhanced by a prior conviction, was assessed at eight (8) years in the Texas Department of Corrections. Appellant’s only ground of error on appeal is that there is insufficient evidence to support appellant’s conviction for criminal attempt to commit burglary of a habitation.

Criminal attempt as defined in the Texas Penal Code occurs in the following instance:

“A…