EPPINGER v. STATE

No. 3-90-102-CR.

800 S.W.2d 652 (1990)

Charles Wayne EPPINGER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 9, 1991.

Discretionary Review Refused March 13, 1991.


Attorney(s) appearing for the Case

Bod D. Odom, Austin, for appellant.

Arthur C. Eads, Dist. Atty., James T. Russell, Administrative Asst., Bell County Dist. Atty.'s Office, Belton, for appellee.

Before SHANNON, C.J., and ABOUSSIE and JONES, JJ.


PER CURIAM.

A jury found appellant guilty of burglary of a habitation. Tex.Pen.Code Ann. § 30.02(a)(1) (1989). The district court assessed punishment, enhanced by a previous felony conviction, at imprisonment for twenty-two years.

The indictment alleged and the jury found that on the night of January 15, 1990, appellant entered a habitation without the effective consent of the owner, John Foss, with intent to commit theft. Appellant contends that the...

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