LEWIS v. STATE

No. 08-81-00245-CR.

638 S.W.2d 148 (1982)

Russel LEWIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied August 4, 1982.

Discretionary Review Refused October 27, 1982.


Attorney(s) appearing for the Case

Margaret Reinke, Houston, Buddy Stevens, Angleton, for appellant.

John B. Holmes, Jr., Dist. Atty., Larry P. Urquhart, Jose C. Castillo, Patricia Saum, Asst. Dist. Attys., Houston, for appellee.

Before STEPHEN F. PRESLAR, C. J., and WARD and OSBORN, JJ.


OPINION

OSBORN, Justice.

This is an appeal from a conviction for burglary of a habitation. The court assessed punishment at thirteen years confinement. We reverse.

Appellant was charged by three-count indictment with burglary of a habitation with intent to commit aggravated assault on August 26, 1979, burglary of a habitation with intent to commit murder and attempted murder, the latter two counts alleged to have occurred on August 29, 1979.

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