Lewis v. State

OPINION

OSBORN, Justice.

This is an appeal from a conviction for burglary of a habitation. The court assessed punishment at thirteen years confinement. We reverse.

Appellant was charged by three-count indictment with burglary of a habitation with intent to commit aggravated assault on August 26,1979, burglary of a habitation with intent to commit murder and attempted murder, the latter two counts alleged to have occurred on August 29, 1979.

A trial to the court was held on December 7, 1979, resulting in a verdict of guilty as to the August 26 burglary count. Punishment was assessed at thirteen…