Powell v. State

OPINION

A grand jury indicted appellant for burglary of a habitation. Tex. Penal Code § 30.02. The state presented evidence at the guilt phase of trial that, during July 2002, appellant was present at the scene of a burglary, was later found in possession of a truck observed at the scene of the crime, and was identified by the complainant as a possible participant in the burglary. A jury convicted appellant of burglary of a habitation, and the judge sentenced appellant to twenty-eight years’ confinement in the Texas Department of Criminal Justice — Correctional Institutions Division.

Appellant…