Freeman v. State

OPINION

Opinion by Justice CORNELIUS.

Joshua Antez Freeman was convicted, in a jury trial, of burglary of a habitation. The jury assessed his punishment, enhanced by a prior conviction, at forty years’ imprisonment. In his sole issue on appeal, Freeman contends the trial court erred in instructing the jury to retire to deliberate as to his punishment after the court had accepted the jury’s verdict as to his codefendant’s punishment. Freeman argues that the combined effect of an Allen 1 charge the court gave to the jury and the court’s acceptance of the verdict on punishment against his…