Livingston v. State

I

In his original brief filed in the trial court, appellant did not directly raise the issue of the sufficiency of the evidence to support the jury’s affirmative answer to the second special issue submitted at the punishment stage of the trial.1 However, in a supplemental brief filed in this Court, the appellant has raised this issue through several new grounds of error which allege that because of the lack of such evidence he was denied the effective assistance of counsel.

I would consider this previously-unassigned error in the interest of justice. Art. 40.09(13), Vernon’s Ann.C.C.P.; Purcell…