Smith v. State

OPINION

FENDER, Chief Justice.

Appellant, Ronald Ray Smith, was convicted by a jury of the offenses of burglary of a building, TEX.PENAL CODE ANN. sec. 30.02(a)(1) (Vernon 1974), and unlawful possession of a prohibited firearm, TEX. PENAL CODE ANN. sec. 46.05(a), (b) (Vernon 1974), on November 29,1983. The jury assessed punishment at thirty-five (35) years for the burglary offense (enhanced) and twenty (20) years and a $10,000 fine for the illegal firearm charge.

We affirm.

Appellant raises three grounds of error: (1)the trial court erred in omitting from the charge an instruction on the defense…