MORENO v. STATE

No. 1106-84.

702 S.W.2d 636 (1986)

Eulogio MORENO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 8, 1986.


Attorney(s) appearing for the Case

Victor Falvey, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., & Matthew Dekoatz, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was indicted for burglary of a habitation. After the jury's verdict of guilty, the court assessed punishment at ten (10) years' imprisonment.

On appeal the appellant complained in his fourth ground of error the trial court had erred in refusing to charge on the lesser included offense of criminal trespass despite his timely requested charge.

The Eastland...

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