Cody Dewayne Mitten v. State

NUMBER 13-00-303-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

CODY DEWAYNE MITTEN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 377th District Court of Victoria County, Texas.

OPINION ON REMAND

Before Chief Justice Valdez and Justices Yañez and Rodriguez

Opinion by Justice Yañez

A jury found appellant, Cody Dewayne Mitten, guilty of capital murder,[1] thereby rejecting his affirmative defense of insanity. The State elected not to seek the death penalty, and the trial court assessed punishment at life imprisonment. In a divided opinion, this Court affirmed…