Flournoy v. State

OPINION

SPURLOCK, Justice.

Appellant, Keith Wayne Flournoy, was convicted by a jury of attempted burglary of a habitation. V.T.C.A. Penal Code, § 30.02 and § 15.01. Flournoy pled “true” to the second paragraph of the indictment, alleging that he had been convicted of a prior felony, and the jury imposed a sentence of twenty-five (25) years imprisonment.

We reverse and dismiss.

Among Flournoy’s alleged grounds of error is the contention that the evidence adduced at trial was insufficient to sustain Flournoy’s conviction, because there was not proof beyond a reasonable doubt that Flournoy reached…