Montoya v. State

OPINION

CANTU, Justice.

Appellant was convicted by a jury of burglary of a habitation. The indictment alleged two prior convictions for enhancement. Punishment was assessed by the trial court at a term of mandatory life imprisonment upon a finding that the enhancement counts were true. This appeal follows.

The sufficiency of the evidence is challenged, necessitating a recitation of the facts.

On September 16, 1977, between the hours of 9:30 A.M. and 11:30 A.M., the residence of Mr. and Mrs. Harvey Dapeer, 14018 Syracuse, San Antonio, Texas, was broken into and ransacked. Numerous items were taken…