McKinney v. State

OPINION

in which MEYERS, PRICE, WOMACK, HOLCOMB and COCHRAN, JJ., joined.

An indictment returned in 2002 charged appellant with three counts of capital murder. Tex. PeNal Code § 19.03.1 Appellant *369plead not guilty. The state presented evidence at the guilt phase of appellant’s jury trial that, in October 2001, appellant and a female companion drove an acquaintance, Christopher Torres, to the home of Guillermo Arvizu, the intended victim, who was a known gang member, drug dealer, and firearms collector.2 Appellant and his female companion left Torres at Arvizu’s home and returned approximately…