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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