Mitchell v. State

OPINION

RICKHOFF, Justice.

William Mitchell, a borderline mentally retarded defendant, was sentenced to 80 years in prison for aggravated robbery with a deadly weapon after he appeared before the jury in the same distinctive T-shirt worn by the suspect two years earlier during the offense. The T-shirt was a focal point of the trial and the videotape which recorded the offense.

In five points of error Mitchell argues that the trial court erred in not charging the jury with a definition of “reasonable doubt” at the punishment phase of his trial, that the identification of Mitchell was improperly…