Lewis v. State

OPINION

BENAVIDES, Judge.

Appellant, Andre Anthony Lewis, robbed a convenience store in Carrollton, Texas. During the robbery Matt McKay, the victim came into the store. Appellant instructed Mr. McKay to lie on the floor. Mr. McKay did not respond. Appellant shot and killed him. For this offense he was convicted of capital murder. See Penal Code, § 19.03(a)(2). The jury answered the special punishment issues affirmatively, and the trial judge sentenced him to death. Art. 37.071(b), V.A.C.C.P. His appeal to this Court is automatic. See Art. 37.071(h), V.A.C.C.P.; Tex.R.App.Proc., rule 40(b)(1).

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