LITTLE, THOMAS Appeal from 25th District Court of Guadalupe County (other per curiam)
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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 2 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 Delivered: April 12, 2017 Do not publish
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