Riggins v. State

OPINION

DOUGLAS, Judge.

The appeal is from a conviction for burglary with intent to commit theft, enhanced by a prior conviction under Article 62, Vernon’s Ann.P.C. The punishment was assessed at twelve years.

This out-of-time appeal was granted by the trial court for good cause after it was shown that the appellant was transferred to the Texas Department of Corrections prematurely without the opportunity of giving notice of appeal.

The sole ground of error is that the trial court erred in refusing to submit his requested charge on circumstantial evidence.

The record reflects that at approximately…