Starlling v. State

OPINION

ASHWORTH, Justice.

A jury found appellant guilty of the offense of burglary of a habitation, TEX.PENAL CODE ANN. sec. 30.02 (Vernon Supp. 1985), and, after finding he had been convicted of two prior felonies, assessed his punishment at confinement for a period of fifty-five years.

Judgment affirmed.

Appellant’s first ground of error contends the court’s charge on punishment is fundamentally defective for failure to include a jury instruction which would permit the jury to find appellant guilty of only one enhancement count rather than two. In his second ground of error, appellant contends…