Day v. State

OPINION

ODOM, Judge.

Appellant was convicted of burglary under V.T.C.A., Penal Code Sec. 30.02(a)(1); *683punishment, enhanced under V.T.C.A., Penal Code Sec. 12.42(d), is life.

Appellant challenges the sufficiency of the evidence to show a building was entered.

Y.T.C.A., Penal Code Sec. 30.02 defines burglary, in relevant part, as:

“(a) A person commits an offense if, without the effective consent of the owner:(1) he enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony or theft; . . . .”

“Building” for purposes of the burglary…