White v. State

OPINION

NYE, Chief Justice.

A jury convicted appellant of burglary of a habitation. Punishment, enhanced through proof of prior felony offenses, was set by the court at twenty years in the Texas Department of Corrections. We affirm.

Appellant’s sole ground of appeal is that the trial court erred in refusing to submit the lesser included offense of criminal trespass in its jury charge.

Criminal trespass is a lesser included offense of burglary of a habitation. Daniels v. State, 633 S.W.2d 899, 901 (Tex.Crim.App.1982); Day v. State, 532 S.W.2d 302, 306 (Tex.Crim.App.1976); Ochoa v. State, 688…