# Heard v. State

> Court of Criminal Appeals of Texas · June 14, 1967 · 416 S.W.2d 427

URL: https://www.frixlaw.com/law-library/cases/5032206

## Case

- **Full name:** Robert Joe HEARD v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 14, 1967
- **Citations:** 416 S.W.2d 427; 1967 Tex. Crim. App. LEXIS 923
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Woodley
- **Judges:** Woodley
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5032206

## Opinion text

OPINION
WOODLEY, Presiding Judge.
The offense is burglary of a private residence; the punishment, 99 years. (Art. 1391 Vernon’s Ann.P.C.)
The indictment alleged a prior conviction for burglary of a private residence.
The jury that had found appellant guilty found that the allegations as to the prior conviction were true and, as instructed by the court, assessed the punishment at 99 years.
This case was tried under the 1965 Code of Criminal Procedure prior to the decision of this court on rehearing in Ex parte Davis, Tex.Cr.App., 412 S.W.2d 46, 50 , which overruled Joseph v. State, Tex.Cr. App., 367 S.W.2d 330 ; Brown v. State, 171 Tex.Cr.R. 167 , 346 S.W.2d 842 ; Sellars v. State, 401 S.W.2d 835 ; and Madeley v. State, Tex.Cr.App., 388 S.W.2d 187 .
The statute provides no maximum punishment for the offense of burglary of a private residence (Art. 1391 V.A.P.C.). Art. 62 P.C. did not authorize the 99 year *428 term. Ex parte Davis, supra; Ex parte Balas, Tex.Cr.App., 412 S.W.2d 53 ; Ex parte Joseph, Tex.Cr.App., 414 S.W.2d 678 .
The judgment is reversed and the cause remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5032206. Public record. Not legal advice.