Donovan v. State

OPINION

ON APPELLANT’S MOTION TO REINSTATE THE APPEAL

MORRISON, Judge.

The offense is burglary with two prior felony convictions alleged for enhancement; the punishment, life.

In a per curiam opinion delivered June 4, 1975, this appeal was abated because there was nothing in the record to indicate compliance with Article 40.09, Sec. 7, V.A.C.C.P. The record, as supplemented, now shows that the defect has been cured, and the appeal is reinstated.

We are met at the outset with a challenge to the sufficiency of the evidence. The Hruska store in the town of Ellinger was broken into at 3:30 in the…