Collins v. State

OPINION

ROWE, Justice.

Gary Lynn Collins appeals his jury conviction for burglary of a building. The jury assessed punishment, enhanced by two prior convictions, at fifty years' confinement. In his sole point of error, appellant asserts that the trial court erred in allowing the State to amend the indictment in violation of the provisions of article 28.10 of the Texas Code of Criminal Procedure. We sustain appellant’s point of error and reverse and remand the cause for a new hearing on the issue of punishment.

Appellant was indicted for the offense of burglary of a building. In addition to the…