Darrin Wayne Koster v. State Texas

DON BURGESS, Justice A jury found appellant guilty of burglary of a habitation with intent to commit sexual assault. They
further found two enhancement allegations true and assessed punishment at ninety-nine years in the Texas Department of Corrections.
Appellant's sole point of error is sufficiency of the evidence. The victim, L.R., lived in a two-bedroom apartment in The Woodlands, Montgomery County, Texas. On the evening of April 21,
1987, at approximately 10 p.m., after playing softball, L.R. arrived at her apartment accompanied by her boyfriend. After
watching a newscast, the boyfriend went into the master bedroom to sleep. L.R. stayed up to watch more television. At approximately
11:30 p.m., L.R. heard some noises outside, went to the front door and looked out, then closed and locked the dining room
windows. She did not close an open window in the spare bedroom. L.R. turned off the television and began to read. She became
concerned upon hearing more noises and decided to wake her boyfriend. As she proceeded down the hall, she passed the door
to the spare bedroom and was grabbed. Her attacker shoved her to the floor near the master bedroom door and she screamed for
help. The boyfriend ran to her aid, and the attacker fled through the spare bedroom and disappeared into the night. R.L. was
unable to see her attacker well enough to identify anyone but described her attacker as approximately her height, five feet
nine and a half inches tall, of slender build, and with short-cropped hair.