Lewis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

The appellant was convicted of burglary of a habitation. The jury, after finding that allegations of a prior burglary conviction were true, assessed punishment at 25 years’ confinement in the Department of Corrections.

On appeal the appellant urged one ground of error contending the evidence was insufficient to sustain the conviction because it was insufficient to prove that entry was made with intent to commit theft as alleged, an essential element of the offense. The Beaumont Court of Appeals agreed and reversed the…