Sutton v. State

OPINION

TAFT, Justice.

Appellant was charged by indictment with murder. A jury found appellant guilty of manslaughter. After appellant pled true to one enhancement paragraph, alleging a prior conviction of burglary of a habitation with intent to commit theft, the court assessed appellant’s punishment at 40 years in prison. We address whether: (1) the trial court erred in denying appellant’s motion for an instructed verdict; (2) the court erred in denying appellant’s motion to testify free from impeachment; and (3) appellant preserved his claim that his punishment was cruel and unusual. We…