When Pierce could not confirm whether anyone should be at Jamie’s house, he called law enforcement. Appellant apparently saw Pierce and waived at him. Appellant was standing near the vehicle Bennett v. Samuel Pierce, Jamie Ferguson’s relative, testified that, on the date of the burglary, he saw a red vehicle parked at Jamie’s house. Nitschmann stated that he hid in one of the rooms of the house until Appellant left he did not know what Appellant did while they were inside the house. They then went to the back of the house and, according to Nitschmann, Appellant kicked in the backdoor and they both entered the house. They went to the front of the house first but did not try to gain entry. Nitschmann testified that despite the threat that Appellant had made, Appellant pulled over and he and Nitschmann walked up to the house together. Nitschmann said that he pointed to the first house that he saw and told Appellant that that was where he lived. Appellant, according to Nitschmann, told him that he had two choices: jump out of the car or get stabbed.
He testified that he remembers seeing a “Centerville” sign. At some point, Nitschmann woke up in the backseat. At this point, Nitschmann had been taking methamphetamine and Xanex he did not recall whether he used cocaine with Appellant that night, but he said that it was possible that he did he was “very high.” Appellant was using “coke.” Early the next morning, Appellant, Nitschmann, and a female left for Conroe. Nitschmann needed a ride to his home in Conroe he offered Appellant $100 to take him there.
At some point, Appellant asked Nitschmann if he wanted to buy some drugs or if he knew anyone who did. State Appellant had a room at the same motel and his room was either next or close to Nitschmann’s room. Nitschmann had a conflict of some kind with the group and had decided to leave New Harvest and go home to Conroe. In furtherance of the mission of New Harvest, Kenneth Scott with New Harvest rented two rooms at a Dallas motel Nitschmann stayed in one of the rooms. New Harvest Rehabilitation Ministry was a ministry designed to assist drug and alcohol addicts in recovery Nitschmann was a drug addict and had had several convictions for drug offenses as well as convictions for theft and burglary of a habitation. Immediately before the time that the burglary occurred, Nitschmann was associated with New Harvest Rehabilitation Ministry. The State also charged Thomas Nitschmann with the burglary. The State charged Appellant with the burglary. Jamie taught school and was not at home at the time. In the daytime hours of May 24, 2018, burglars broke into Jamie Ferguson’s home in Leon County and stole several items from the home. In his first issue, Appellant contends “hat the evidence is legally insufficient.” Next, Appellant maintains that “he trial court (sic) submission of Appellant’s purported theory of liability as severable was egregiously harmful.” Finally, Appellant urges us to find that “the failure to charge the jury with an accomplice witness instruction was egregiously harmful.” Because Appellant challenges the sufficiency of the evidence to support the verdict, we will review the evidence in some detail. Appellant presents three issues on appeal. The jury then assessed Appellant’s punishment at confinement for twenty-five years, and the trial court sentenced him accordingly. 18-0192CR MEMORANDUM OPINION The jury convicted Aaron Jerrell Bennett, Appellant, of the offense of burglary of a habitation. THE STATE OF TEXAS, Appellee From the 369th District Court Leon County, Texas Trial Court No. 10-19-00388-CR AARON JERRELL BENNETT, Appellant v.