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BERRY v. STATE

No. 03-08-00031-CR.

278 S.W.3d 492 (2009)

Ellis BERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

February 4, 2009.

Attorney(s) appearing for the Case

Richard E. Wetzel, Austin, TX, for Appellant.

Holly Taylor, Assistant District Attorney, Austin, TX, for Appellee.

Before Justices WALDROP, HENSON and ONION.

OPINION

A jury found Ellis Berry guilty of burglary of a habitation while attempting to commit or committing retaliation and, after finding a prior conviction true for enhancement purposes, assessed punishment at 45 years' imprisonment and a $5,000 fine. Berry appeals, arguing in two issues that (1) the evidence was legally insufficient to support the finding that he was committing or attempting to commit retaliation...

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