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ESPINOZA v. STATE

No. 04-81-00028-CR.

627 S.W.2d 788 (1982)

Nicholas Garcia ESPINOZA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied February 10, 1982.

Discretionary Review Granted April 7, 1982.

Attorney(s) appearing for the Case

Peggy Y. Butler, San Antonio, for appellant.

Bill White, Dist. Atty., Anton Paul Hajek, III, Asst. Dist. Atty., San Antonio, for appellee.

Before CADENA, BUTTS and CLARK, JJ.

OPINION

BUTTS, Justice.

This is an appeal from a conviction for burglary. Trial was to the court. Punishment was assessed at twelve years' imprisonment, enhanced by a prior conviction.

In only one ground of error appellant challenges the sufficiency of the evidence to sustain the conviction. With this contention of insufficiency we agree.

Tex.Penal Code Ann. § 30.02 (Vernon 1974) provides in part:

(a) A person commits an offense...

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