Pennington v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was indicted for murder.1 Two prior felony convictions were alleged for enhancement of punishment. The jury found appellant guilty of the lesser included offense of voluntary manslaughter. Upon proof of one of the alleged prior convictions, the jury assessed punishment at 22 years’ imprisonment.

On appeal the appellant raised a number of grounds of error. His sixth ground of error read:

*389The trial court erred in overruling appellant’s objection to the trial court’s submission to the jury of the lesser…