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PONCIO v. STATE

No. PD-386-05.

185 S.W.3d 904 (2006)

David Guzman PONCIO, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 15, 2006.

Attorney(s) appearing for the Case

Mary Connealy Acosta and Patrick F. McCann, Houston, for Appellant.

Dan McCrory, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

OPINION

HERVEY, J., delivered the opinion for a unanimous Court.

Appellant was convicted of burglary of a habitation.1 The evidence shows that someone entered the victim's home without the victim's consent and stole two guitars. The victim testified that he left his home at around 10:00 a.m. When he returned home between 11:00 a.m. and 11:30 a.m., he discovered that someone forcibly entered his home and stole the guitars...

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