McCleskey v. State

OPINION

BURGESS, Justice.

Jerry Glen McCleskey was found guilty by a jury of burglary of a habitation and sentenced by the court to forty years’ confinement in the Institutional Division of the Texas Department of Corrections. McCleskey raises six points of error.

TexPenal Code Ann. § 30.02(a)(1) & (3) (Vernon 1994) provides a person commits burglary if, without the effective consent of the owner, he enters a habitation with intent to commit theft or enters a habitation and commits or attempts to commit theft. In his first point of error, McCleskey contends the evidence was legally insufficient…