Alexander v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a conviction for attempted burglary. The jury, after finding one enhancement paragraph to be true, assessed punishment at fifty years confinement and a ten thousand dollar fine.

On direct appeal, appellant contested the sufficiency of the evidence to support the conviction. Specifically, he contended that the evidence was insufficient as a matter of law to prove ownership of the habitation as alleged in the indictment. The Dallas Court of Appeals, in an unpublished opinion, reversed the conviction, holding…