Jenkins v. State

OPINION

MALONEY, Judge.

Appellant was convicted of capital murder pursuant to Texas Penal Code Section 19.03(a)(2). The jury made affirmative findings on the two special issues submitted to it and the trial court imposed the sentence of death. This case comes to us on direct appeal. Tex.Code Crim.Proc.Ann. art. 37.071 § 2(h). We will reverse based upon our disposition of appellant’s points of error seventeen, eighteen and nineteen,1 and address *799point of error thirteen, challenging the sufficiency of the evidence.

In point of error thirteen appellant challenges the sufficiency of the evidence to…