Tomlin v. State

OPINION

DIES, Chief Justice.

In our original opinion, Tomlin v. State, 690 S.W.2d 5 (Tex.App.-Beaumont 1984, pet. granted), this Court affirmed appellant’s conviction in two counts, of the offense of burglary of a habitation. Punishment, enhanced by proof of two prior convictions, was assessed at life on both counts. The Court of Criminal Appeals, in an unpublished per curiam opinion, reversed the judgment and remanded this cause to this Court “to reconsider appellant’s second ground of error.” Tomlin v. State, No. 1080-84 (Tex.Crim.App., June 5, 1985).

The record in the instant case reveals…