BLACK v. STATE

No. 14-04-00870-CR.

183 S.W.3d 925 (2006)

David Wayne BLACK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 7, 2006.


Attorney(s) appearing for the Case

Jerald Kaplan Graber, Houston, for appellants.

Peyton Peebles, III, Houston, for appellees.

Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.


OPINION

WANDA McKEE FOWLER, Justice.

A jury found appellant, David Wayne Black, guilty of burglary of a building. Appellant pleaded true to two enhancement paragraphs. The jury assessed punishment at twelve and one-half years' imprisonment and a $100 fine. On appeal, appellant raises two points of error: (1) the court erroneously failed to instruct the jury on the lesser-included offense of criminal trespass; and (2) the evidence was legally and factually...

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