Kirby v. State

J. CURTISS BROWN, Chief Justice.

Loucelius Kirby, Jr. (Kirby or appellant) was charged with burglary of a building. A jury found appellant guilty, and found enhancement allegations to be true. The trial court sentenced appellant to life imprisonment.

Kirby and an accomplice were spotted by an eyewitness who saw them peering into a garage. Police arrived in less than a minute. They found that a window in the garage had been chopped out. They recovered a toolbox, a hatchet from Kirby’s accomplice, and a pistol and knife from Kirby. Kirby’s accomplice was bleeding, having cut his hand on the…