McKibben v. State

OPINION

SEARS, Justice.

Appellant was convicted of burglary of a habitation under TEX.PENAL CODE ANN. § 30.02(a) (Vernon 1974). His punishment was enhanced by a previous felony conviction. He was sentenced to fifty years confinement and assessed a $10,-000.00 fine. In ground of error three, Appellant alleges that the evidence is insufficient to sustain his conviction. We agree.

On April 5, 1982, at approximately 1:30 a.m., Officer Downey, of the Village Police Department, saw a car parked in the back of an unlighted church parking lot. Since the engine was warm but nobody was in or around the…