Cocke, Abner Lee

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1351-05

ABNER LEE COCKE, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

BOSQUE COUNTY

Johnson, J., delivered the unanimous opinion of the Court.

O P I N I O N

A grand jury indicted appellant for burglary of a habitation. Tex. Penal Code § 30.02. The state presented evidence at the guilt phase of trial that, during May 2003, appellant stole a truck, three rifles, a shotgun, and a handgun from the Bosque County home of Thomas Vick, his former father-in-law. Approximately one week later, while…