Westmoreland v. State

OPINION

SAM GRIFFITH, Justice.

Appellant William Mark' Westmoreland was convicted by a jury of murder. The jury assessed his punishment at imprisonment for forty-five years and a ten thousand dollar fine. He raises three issues on appeal. We affirm.

Background

Appellant and his wife, Debra (now Debra Westmoreland Pierce), separated on December 6, 2000. Debra moved from their home, assisted by the decedent, Kenneth Zoch. Appellant was to be away from the house during the move, but came home early. Words were exchanged, and Appellant shot Zoch twice, killing him.

On February 14, 2003, more than two…