McKinney v. State

OPINION ON COURT’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a building. After finding appellant guilty, the jury assessed punishment, enhanced by a prior felony conviction, at 25 years.

This cause has been resubmitted on the court’s motion with regard to the manner by which a panel of this Court, on original submission, disposed of appellant’s first three grounds of error. In those grounds of error, appellant contended the court erred in refusing to submit his specially requested jury charges on the lesser included offense of criminal trespass.

Re…