Rey v. State

OPINION

MALONEY, Judge.

Appellant was convicted of capital murder committed in the course of burglary. Tex.Penal Code Ann. § 19.03(a)(2). The jury affirmatively answered the two special issues submitted to it and appellant was sentenced to death. Tex.Code Crim.Proc.Ann. art. 37.071 § 2(b), (e). Appeal to this Court is automatic. Tex.Code Crim.Proc.Ann. art. 37.071(h).

In his first point of error appellant claims the trial court erred in denying his motion for the appointment of an independent forensic pathologist to assist him in the preparation and presentation of his defense. We will reverse.1

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