Court of Criminal Appeals of Texas March 11, 1981, 60393 (Escamilla v. State)

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a building, 30.02. Punishment was assessed at 20 years.

At the outset we are confronted with fundamental error in the jury charge that requires discussion in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment in this case alleged burglary under V.T.C.A., Penal Code Sec. 30.