Vigneault v. State

OPINION

CLINTON, Judge.

Automatic appeal 1 is taken from a conviction for the offense of capital murder pursuant to V.T.C.A. Penal Code, § 19.-03(a)(2). 2 The jury returned an affirmative finding to each of the two special issues submitted under Article 37.071(b), V.A.C. C.P., and appellant’s punishment was consequently assessed at death. Article 37.-071(e), supra.

In the early morning hours of April 26, 1978, appellant, armed with a .45 caliber automatic pistol, entered a 7 — 11 convenience store in Bay City; the 18 year old deceased, Loretta Jones, was on duty alone in the store. Upon taking…