No. 53430.

545 S.W.2d 459 (1976)

Robert Earl MADDUX, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 1, 1976.

Attorney(s) appearing for the Case

Sanford B. Kahn, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Kenneth W. Sparks, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


GREEN, Commissioner.

This appeal is from a conviction for burglary of a habitation with the intention to commit theft. Punishment was assessed at five years. The trial was before the court on a plea of guilty. The sufficiency of the evidence is not challenged.

The indictment contained two counts. In the first count, appellant was charged with having committed burglary of the habitation of Odell Hudson on August 29, 1974, with the intent to...

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