Draughon v. State

OPINION

BENAVIDES, Judge.

After robbing the employees of a Houston restaurant at gunpoint, and while fleeing the scene of his crime, Appellant shot Armando Guerrero, a bystander, to death. For this offense he was convicted of capital murder. See Penal Code, § 19.03(a)(2). The jury answered the special punishment issues affirmatively, and the trial judge sentenced him to death. Art. 37.071(b), V.A.C.C.P. His appeal to this Court is automatic. See Art. 37.071(h), V.A.C.C.P.; Tex.R.App.Proc., rule 40(b)(1).

I

In his first point of error, Appellant maintains that the trial judge erred in permitting…