Shivers v. State

OPINION

STEPHANOW, Justice.

A jury found appellant guilty of burglary of a building. The court determined two enhancement allegations to be true, and assessed punishment at life imprisonment.

Appellant was convicted of breaking into a grocery store one night around midnight and taking some cigarettes and meat. His conviction was based solely on the testimony of an eyewitness that he saw appellant, whom he knew and recognized, break into the store. The eyewitness’s house, from where he viewed the break-in, was separated from the store by a vacant lot and a street. There was conflicting testimony…