Moreno v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was indicted for burglary of a habitation. After the jury’s verdict of guilty, the court assessed punishment at ten (10) years’ imprisonment.

On appeal the appellant complained in his fourth ground of error the trial court had erred in refusing to charge on the lesser included offense of criminal trespass despite his timely requested charge.

The Eastland Court of Appeals, based on the fourth ground of error, reversed the judgment and remanded the cause in an unpublished opinion. Moreno v. State (No.…