Martinez v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BERCHELMANN, Judge.

Upon trial by jury, appellant was found guilty of murder. Tex.Penal Code Ann. § 19.02. The trial court assessed punishment at sixteen years confinement in the Texas Department of Corrections. On direct appeal, appellant raised one point of error challenging the trial court’s failure to include in the court’s charge an instruction on the law of deadly force in defense of person. The Court of Appeals for the Fourth Supreme Judicial District held that self-defense was not raised by the evidence because appellant, who…