Robles v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of burglary of a vehicle. Punishment was assessed at five years’ confinement and a $1000 fine. The Corpus Christi Court of Appeals reversed and remanded the cause after finding that the jury charge contained unassigned fundamental error. See Robles v. State, 628 S.W.2d 267 (Tex.App. — Corpus Christi, 1982).

Appellant was charged under V.T.C.A., Penal Code, Section 30.04, with burglary of a vehicle. Section 30.04(a) and (b), reads as follows:

“(a) A person commits an offense if, without the effective…