McFarland v. State

OPINION

DUGGAN, Justice.

A jury convicted appellant of the offense of burglary of a habitation, found the enhancement allegations in the indictment to be true, and assessed his punishment at 99 years. The sufficiency of the evidence is not challenged.

The complainant testified that he awoke in the early morning hours on the day of the offense, and found appellant standing at the foot of his bed, holding the pistol complainant regularly kept on top of his night stand. Appellant, an escapee from a unit of the Texas Department of Corrections, testified that, while he was a fugitive, he observed the…