State v. Miner

GREENE, Judge.

Defendant Ricky Lynn Miner was charged by felony information with first degree burglary. A jury convicted him of the lesser included offense of second degree burglary, and recommended 2½ years imprisonment as punishment. The trial court granted a new trial because of instructional error. Defendant was then retried under the first degree burglary information. The jury again returned a verdict of guilty of second degree burglary, and recommended as punishment confinement in the county jail for one year. This appeal followed.

The record on appeal in this case is fatally deficient,…