Smith v. State

OPINION

McCORMICK, Presiding Judge.

Upon retrial1, appellant, Charles Edward Smith, was convicted of the August 1988 capital murder of a law enforcement officer. V.T.C.A., Penal Code, Section 19.03(a)(1). During the punishment phase the jury affirmatively answered the special issues set forth in Article 37.071(b), V.A.C.C.P. The trial judge sentenced appellant to death as required by Article 37.071(e), V.A.C.C.P. Direct appeal is automatic. Article 37.071(h), V.A.C.C.P. We affirm appellant’s conviction, but vacate and remand his sentence for further proceedings in accordance with Article…