Payne v. State

OPINION

A jury convicted appellant of murder and sentenced him to five years confinement. See Tex. Penal Code Ann. § 19.02 (Vernon 1994). The First Court of Appeals reversed appellant’s conviction and remanded the case for a new trial, holding that the lower court erroneously denied appellant’s request for a jury instruction on the voluntariness of his conduct. Payne v. State, 985 S.W.2d 682, 683 (Tex. App. — Houston [1st Dist.] 1999). In reaching its conclusion, the appellate court did not conduct a harm analysis. We granted the State’s Petition for Discretionary Review to determine whether…