Vela v. State

OPINION

ROBERTS, Judge.

The conviction was for murder with malice. Appellant pled guilty and a jury assessed punishment at 99 years’ imprisonment.

The sufficiency of the evidence is not challenged, but a brief statement of facts is in order. On the evening of July 1, 1973 an altercation erupted between appellant’s brother and the deceased, Kenneth Brown, who was employed as a clerk at the drive-in grocery where the disturbance occurred. As the two went outside to physically settle their dispute, appellant became involved in the struggle and was struck by the deceased. Whereupon, the deceased…