McFARLAND v. STATE

No. 01-88-00866-CR.

784 S.W.2d 52 (1990)

Kelley Arie McFARLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 4, 1990.


Attorney(s) appearing for the Case

David Bishop, Gilmer, Michael B. Charlton, Houston, for appellant.

Jim Mapel, Crim. Dist. Atty., Brazoria County, Jerome Aldrich, Asst. Dist. Atty., Angleton, for appellee.

Before WARREN, MIRABAL and DUGGAN, JJ.


OPINION

DUGGAN, Justice.

A jury convicted appellant of the offense of burglary of a habitation, found the enhancement allegations in the indictment to be true, and assessed his punishment at 99 years. The sufficiency of the evidence is not challenged.

The complainant testified that he awoke in the early morning hours on the day of the offense, and found appellant standing at the foot of his bed, holding the pistol complainant regularly kept on top...

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