Ellis v. State

*40OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(2). After finding appellant guilty, the jury returned affirmative findings to the special issues under Art. 37.071(b), V.A. C.C.P. Punishment was assessed at death.

Appellant challenges the sufficiency of the evidence to prove one of the elements of the aggravating offense of burglary; specifically, that appellant’s entry of the victim’s apartment was without her effective consent.1 See V.T.C.A. Penal Code Sec. 30.02(a).

There were no eyewitnesses to the offense. No one saw…