DIAZ v. STATE

No. 04-84-00243-CR.

699 S.W.2d 683 (1985)

Armando Gutierrez DIAZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

October 31, 1985.


Attorney(s) appearing for the Case

Gary W. Hutton, San Antonio, for appellant.

Sam Millsap, Jr., Lyndee Ahnstedt, Pat Moran, Charles Estee, Crim. Dist. Attys., San Antonio, for appellee.

Before CADENA, C.J., and CANTU and TIJERINA, JJ.


OPINION

CANTU, Justice.

This is an appeal from a conviction for burglary with intent to commit theft. TEX.PENAL CODE ANN. § 30.02 (Vernon 1974). After trial, the jury assessed punishment at twelve years' confinement.

Appellant's sole ground of error complains of the trial court's action in overruling his request for a charge on the lesser included offense of criminal trespass. Appellant alleges the...

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