Chandler v. State

OPINION

DORSEY, Judge.

A jury found appellant guilty of burglarizing a habitation, and the trial court assessed punishment at 16 years in the Texas Department of Corrections.

In his first three points of error, appellant contends that (1) the structure burglarized was a building rather than a habitation, (2) the evidence fails to corroborate accomplice testimony, and (3) a pretrial identification procedure was impermissibly suggestive. We sustain appellant’s first point of error and remand the case to the trial court for an entry of acquittal.

Burglary of a habitation is a first degree felony,…