Rojas v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction of voluntary manslaughter. Appellant pled guilty before the jury to the offense of voluntary manslaughter and elected to have the jury assess his punishment. The jury assessed punishment at fifteen years in the Texas Department of Corrections.

The facts elicited at the penalty stage of the trial showed that appellant and his brother got into a fist fight with the deceased and the deceased’s brother, David Trevino. This occurred in a bar in San Benito, Texas, and ended in Gregorio Trevino’s death. As the Rojas brothers were leaving…