Background

• On Aug. 21, 2013, a housekeeping employee at the Austin Marriott (Room 728) was violently attacked while preparing the room for the next guest; she identified Eric Robertson as her attacker and surveillance video showed him fleeing.
• The State indicted Robertson on four counts including burglary of a habitation and attempted aggravated sexual assault; one count was later withdrawn and the jury convicted on the three presented counts.
• At trial the hotel general manager testified the guest had checked out before the attack and Room 728 was being cleaned and not yet available for rental at the time of the offense.
• The room contained two beds, an operating bathroom, chairs, a desk, a dresser with drawers, and a closet; hotel records showed the room had been rented the night before.
• Robertson elected jury punishment; the jury sentenced him to concurrent terms including 60 years for burglary of a habitation. Robertson appealed, arguing the evidence was insufficient to prove the room was a "habitation."

Issues

Key Cases Cited

• Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
• Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (appellate deference to jury credibility and Jackson standard discussion)
• Salazar v. State, 284 S.W.3d 874 (Tex. Crim. App. 2009) (factors for distinguishing habitation from building)
• Blankenship v. State, 780 S.W.2d 198 (Tex. Crim. App. 1989) (burden is whether jury could rationally find elements including habitation)
• Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (sufficiency measured against a hypothetically correct jury charge)
• Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000) (what constitutes the law authorized by the indictment)
• Frazier v. State, 760 S.W.2d 334 (Tex. App.—Texarkana 1988) (motel rooms adapted for overnight accommodation even if not rented at the time)