Little, Thomas ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,310-01
EX PARTE THOMAS LITTLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-0698-CR-C-A IN THE 25TH DISTRICT COURT
FROM GUADALUPE COUNTY
Per curiam. KEASLER , J., filed a dissenting opinion in which KELLER , P.J., joined.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of
burglary of a habitation and sentenced to concurrent terms of twenty years’ imprisonment. The
Fourth Court of Appeals affirmed his convictions. Little v. State, No. 04-14-00618-CR (Tex.
App.—San Antonio Oct. 7, 2015).
The State alleged in Count One of the indictment that Applicant entered the victim’s
habitation without consent and with intent to kidnap a child in her custody, which is a first-degree
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felony. It alleged in Count Two that he entered the victim’s habitation without consent and with
intent to commit theft, which is a second-degree felony. The jury convicted Applicant of both counts
and assessed two twenty-year sentences. Applicant contends, inter alia, that his two convictions
violate double jeopardy. See Ex parte Cavazos, 203 S.W.3d 333, 337 (Tex. Crim. App. 2006).
This Court has held that burglary is a crime against property. Id. “[W]hen a burglary is
committed, the harm results from the entry itself. [] The offense is complete once the unlawful entry
is made, without regard to whether the intended theft or felony is also completed.” Id. Thus, this
Court held, “[T]he allowable unit of prosecution in a burglary is the unlawful entry. [A habeas
applicant’s] convictions violate double jeopardy [when] he was punished multiple times for a single
unlawful entry.” Id.
Applicant is entitled to habeas relief. The conviction for burglary of a habitation in count two
of the judgment in cause no. 14-0698-CR-C from the 25th District Court of Guadalupe County is
vacated. The conviction for burglary of a habitation in count one of the judgment remains unaffected.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: April 12, 2017
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