Gonzales v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was charged with murder pursuant to Tex.Penal Code Ann. § 19.02(a)(1) and (2). But the jury convicted him of the lesser offense of voluntary manslaughter, Tex.Penal Code Ann. § 19.04, and assessed punishment at seven years confinement. The Court of Appeals reversed. Gonzales v. State, 838 S.W.2d 848 (Tex.App.—Houston [1st Dist.] 1992).

We granted the State’s petition for discretionary review which raises two grounds for review, namely that the trial judge correctly instructed the jury on the law of voluntary intoxication and that…