COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

O P I N I O N

            This is an appeal from a jury conviction for the offense of burglary of a habitation. The court assessed punishment at fifteen years’ and one day’s imprisonment. We reverse.

            In Issues One and Two, Appellant contends that the evidence was insufficient to support the conviction. The State has confessed error and joins in Appellant’s prayer that the judgment be reversed and an acquittal be ordered. Accordingly, Issues One and Two are sustained.

            We reverse the judgment and render an acquittal.

                                                                        KENNETH R. CARR, Justice

March 1, 2007

Before Chew, C.J., McClure, and Carr, JJ.

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