Eugene Hill v. The State of TexasAppeal from 264th District Court of Bell County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00442-CR Eugene Hill, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 69393, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION Appellant Eugene Hill was convicted in a bench trial of burglary of a building and was sentenced to nine months imprisonment. See Tex. Penal Code § 30.02. On appeal, he challenges the sufficiency of the evidence, arguing that the structure in question did not meet the statutory definition of a building. We affirm the judgment of conviction. The structure into which Hill entered was a two-car garage that was attached to the residential portion of the house; the top floor of the house extended over the garage. The house had been occupied by its owner, Russell Williams, his sister, and her family until about a month earlier, when a fire largely destroyed the second floor. After the fire, the house was unsafe for habitation, and Williams testified that at the time of Hill s entry, he and his family were still in the process of moving out. Williams had left one of his family s cars in the garage, along with hot water heaters, light fixtures, a washer, a dryer, tools, wood, and some metal. Williams testified that the garage was

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