Garrett v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

This is an appeal from a conviction for the offense of murder. The court assessed punishment at imprisonment for thirty-five years.

The San Antonio Court of Appeals reversed the conviction on the basis that the trial court’s failure to apply the law of transferred intent to the facts of the case constituted fundamental error. Garrett v. State, 624 S.W.2d 953 (Tex.App.—San Antonio 1981). For the following reasons we cannot agree.

Briefly stated, the situation before us is one in which the appellant, while engaged in a heated…