Dominic McKaine v. State

NUMBER 13-03-430-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

DOMINIC MCKAINE,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

On appeal from the 24th District Court of De Witt County, Texas.

O P I N I O N

Before Chief Justice Valdez and Justices Rodriguez and Garza

Opinion by Justice Garza

By two issues, Dominic McKaine challenges his conviction and sentence for burglary of a habitation and committing aggravated assault therein. We reverse and remand for a new trial on punishment.

1. Background

The conviction from which McKaine appeals stems from the following events. On November…