Markham v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of the offense of burglary of a vehicle. V.T.C.A. Penal Code, Sec. 30.04. The jury assessed punishment, enhanced by a prior conviction, at fifteen years imprisonment in the Texas Department of Corrections and a $10,000 fine. The Court of Appeals reversed appellant’s conviction based upon insufficiency of the evidence and ordered the trial court to enter a judgment of acquittal. Markham v. State, 714 S.W.2d 93 (Tex.App. — San Antonio 1986). In its petition for discretionary review, the State…