Donald Ray Hicks v. State

Memorandum Opinion

BRIAN QUINN, Chief Justice.

Donald Hicks appeals his conviction for burglary of a habitation with intent to commit theft. Through two issues, he contends that the trial court erred in failing to 1) give an instruction on the lesser-included offense of burglary of a building, and 2) grant a mistrial after illegally obtained evidence was admitted during the punishment phase. We affirm the judgment.

Background

The record illustrates that appellant burglarized rental property leased to a young lady as a residence. The owner described the property as “a home like all of the other…