Postell v. State

663 S.W.2d 552 (1983)

Kenneth POSTELL, Appellant,

v.

The STATE of Texas, Appellee.

No. 01-82-00622-CR.

Court of Appeals of Texas, Houston (1st Dist.).

December 1, 1983.

Rehearing Denied December 22, 1983.

Discretionary Review Granted May 23, 1984.

Michael Charleton, Houston, for appellant.

Eleanor Montague, Houston, for appellee.

Before EVANS, C.J., and BASS and DUGGAN, JJ.

OPINION

EVANS, Chief Justice.

A jury convicted the appellant of burglary of a habitation with intent to commit theft. The appellant elected to have the trial court assess punishment, and the court, finding that the appellant had one…