Villanueva v. State

OPINION

TIJERINA, Justice.

Appellant was found guilty by jury of the offense of burglary of a habitation. TEX.PENAL CODE ANN. § 30.02(a)(1) (Vernon 1974). The trial court assessed the punishment at ten (10) years’ confinement.

The sufficiency of the evidence has been challenged. The indictment essentially alleged that appellant intentionally and knowingly entered a habitation with the intent to commit theft without the effective consent of Carlota Garcia, the owner of said habitation. Mrs. Garcia testified that she was the owner of the premises where the burglary occurred and that she did not…