Kelly v. State

OPINION

MILLER, Judge.

This is an appeal from a conviction for capital murder. After finding appellant guilty the jury answered “yes” to the two special issues under Art. 37.071(b), V.A.C. C.P. 1 Punishment was assessed at death.

In his six grounds of error, appellant contends that the imposition of the death penalty in this case is prohibited by the United States Supreme Court’s holding in Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982); there is insufficient evidence to sustain appellant’s conviction under the law of parties as proscribed by V.T.C.A.Penal Code, Sec.…