ENGLAND v. STATE

No. 3-85-243-CR.

727 S.W.2d 810 (1987)

Asa Lynn ENGLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

April 1, 1987.


Attorney(s) appearing for the Case

Michael L. Brandes, Austin, for appellant.

Ronald Earle, Dist. Atty., Laurie Booras, Asst. Dist. Atty., Austin, for appellee.

Before POWERS, GAMMAGE and CARROLL, JJ.


GAMMAGE, Justice.

Asa Lynn England was convicted by the district court sitting without a jury of burglary of a habitation and sentenced to six years in the Texas Department of Corrections, probated. England brings one point of error by which he argues the evidence is insufficient to support the conviction. We agree and will reverse the judgment.

According to the testimony of Barbara Gamboa, the complaining witness, she entered her apartment around noon on...

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