Phillips v. State

OPINION

GUPTON, Judge.

The offense is burglary of a habitation under V.T.C.A., Penal Code, Sec. 30.02; the punishment, enhanced under V.T.C.A., Penal Code, Sec. 12.42(c), 15 years.

Appellant challenges the sufficiency of the evidence. He contends the evidence as to identification of any fruits of the alleged burglary is insufficient because the complaining witness would only testify that the television “seemed” or “appeared” to be the same item that was taken. There is no merit to this argument since the actual commission of a theft is not a prerequisite to the commission of burglary. See…