Myers v. State

SCALES, Justice.

A jury found Johnny Earl Myers guilty of burglary of a vehicle. The trial court assessed punishment, enhanced by two pri- or felony convictions, at twenty-five years confinement in the Texas Department of Corrections. In his only point of error, appellant contends that the trial court erred in assessing punishment in excess of that provided by law. We agree. Consequently, we reverse and remand the cause *182to the trial court for a new punishment hearing.

Appellant was indicted for burglary of a vehicle on May 9, 1985. The primary offense, burglary of a vehicle, is alleged in the…