Holladay v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Robert Lee Holladay, hereinafter referred to as the appellant, was charged by indictment and convicted by the jury of committing the offense of murder while in the course of committing the offense of robbery, which is the offense of capital murder. See V.T.C.A., Penal Code, Section 19.03(a)(2).

Because the jury answered in the negative the question whether there was a probability that the appellant would commit criminal acts of violence that would constitute a continuing threat to society, the trial judge assessed the…