Berry v. State

OPINION

A jury found Ellis Berry guilty of burglary of a habitation while attempting to commit or committing retaliation and, after finding a prior conviction true for enhancement purposes, assessed punishment at 45 years’ imprisonment and a $5,000 fine. Berry appeals, arguing in two issues that (1) the evidence was legally insuffi- dent to support the finding that he was committing or attempting to commit retaliation at the time of the offense and (2) that he was denied the effective assistance of counsel, due to a conflict of interest stemming from Berry's assault on defense counsel during…