England v. State

GAMMAGE, Justice.

Asa Lynn England was convicted by the district court sitting without a jury of burglary of a habitation and sentenced to six years in the Texas Department of Corrections, probated. England brings one point of error by which he argues the evidence is insufficient to support the conviction. We agree and will reverse the judgment.

According to the testimony of Barbara Gamboa, the complaining witness, she entered her apartment around noon on February 20, 1985, and discovered her stereo and jewelry were missing. She then called the police and waited outside the apartment until they…