OPINION
BURGESS, Justice.
Jerry Glen McCleskey was found guilty by a jury of burglary of a habitation and sentenced by the court to forty years' confinement in the Institutional Division of the Texas Department of Corrections. McCleskey raises six points of error.
TEX.PENAL CODE ANN. § 30.02(a)(1) & (3) (Vernon 1994) provides a person commits burglary if, without the effective consent of the owner, he enters a habitation with intent to commit...
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