Wilkerson v. State

OPINION

TAFT, Justice.

Appellant, Michael Wayne Wilkerson, was charged by indictment with burglary of a building, enhanced by prior convictions for unauthorized use of a motor vehicle and aggravated robbery. A jury found appellant guilty of burglary, found both enhancement paragraphs true, and assessed punishment at 35-years confinement. Appellant challenges the sufficiency of the evidence in two respects: (1) proof that appellant intended to commit theft; and (2) proof that the store was not open to the public. We reverse for unassigned error in the punishment proceedings.

Facts

At approximately…