Marshall v. State

OPINION

JOHNSON, J.,

delivered the unanimous opinion of the Court.

A jury convicted appellant of burglary of a habitation and sentenced him to forty-five years’ imprisonment and a $10,000 fine. The court of appeals affirmed the conviction, but vacated the sentence and remanded to the trial court for a new trial on punishment. Marshall v. State, No. 06-03-00215-CR, 2004 WL 2715398 (Tex.App.-Texarkana, delivered December 1, 2004)(unpublished). We granted the State Prosecuting Attorney’s petition for discretionary review and refused appellant’s petition.

The indictment alleged burglary of a…