Qualley v. State

OPINION

RICHARD BARAJAS, Chief Justice.

This is an appeal from convictions for the offenses of capital murder and injury to a child. The court assessed punishment at life imprisonment in the Institutional Division of the Texas Department of Criminal Justice on the capital murder conviction and forty years imprisonment on the injury to child conviction. We reverse the judgment of the trial court.

I. SUMMARY OF THE EVIDENCE

On December 26, 2001, Appellant and her codefendant, Sonny Dale Moore, entered Charlie’s Pawn Shop on the Andrews Highway in Odessa, Texas. They had a small child with them. The…