Diaz v. State

Robert Diaz appeals his conviction by a jury for murder, Tex.Pen.Code Ann. § 19.02 (1974), and the jury’s assessment of punishment at 60 years imprisonment and a fine of $5,000.' For the reasons to be discussed herein, we will reform the judgment of conviction to delete the affirmative find ing that appellant used or exhibited a deadly weapon during the commission of the offense and, as reformed, affirm the judgment of conviction as to guilt. However, we will remand the cause to the trial court for a new trial as to punishment.

In his first point of error, appellant complains that the trial…