Miller v. State

OPINION

KEITH, Justice.

Appellant was indicted for burglary of a building in violation of Section 30.02(a)(1), V.T.C.A., Penal Code (1974), and the indictment contained a single enhancement paragraph charging one prior felony conviction. The appellant pleaded not guilty but the jury found him to be guilty and assessed his punishment at confinement for thirty-five years.

The sufficiency of the facts to sustain the conviction is not challenged. We need to state only that the owner of the Nederland Pharmacy, Kenneth Sheffield, went to his store at approximately 10 p. m. on May 30, 1980, and saw…