Payne v. State

OPINION

WHITE, Judge.

Appeal is taken from a conviction for capital murder. See V.T.C.A., Penal Code § 19.03. Since the jury answered “yes” to the two special issues submitted under Art. 37.071(b), V.A.C.C.P., appellant was sentenced to death. He brings three points of error, all of which claim that he is entitled to a new trial because of the hopelessly incomplete state of the record. The sufficiency of the evidence to support the judgment and sentence is not challenged. Because we find merit in appellant’s contentions, we will reverse and remand this cause to the trial court.

This case has…