Mixon v. State

MORRISON, Judge.

The offense is burglary of a private residence at night, with two prior convictions of felonies less than capital alleged for enhancement; the punishment, life.

Kenneth Smith and his wife went to sleep in their apartment in Odessa on the night in question; he was awakened during the night and discovered appellant, without his shoes, in the next room; Smith told his wife to call the police, and appellant attempted to flee. After Smith caught appellant and threw him to the floor, appellant asked him not to call the police, stating, “I have your clothes. * * * Let me go — -and we…