Higginbotham v. State
Court of Appeals of Texas
1Opinion of the Court
OPINION
ELLIS, Justice.
Appellant was convicted for the offense of murder. Tex.Penal Code Ann. § 19.02 (Vernon 1974). After rejecting appellant’s “not guilty” plea, the jury assessed punishment at fifty years in the Texas Department of Corrections. We affirm and reform the judgment to delete the affirmative finding of the use of a deadly weapon.
At approximately 4:00 p.m., on May 5, 1986, appellant entered the church offices of the First Methodist Church in downtown Houston. Appellant took the elevator to the fifth floor, carrying a 9 mm. automatic pistol. When he reached the fifth floor and…
2Cases cited64 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
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3Cited by13 opinions
- Goodwin v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Higginbotham v. StateCourt of Criminal Appeals of Texas · 1991
- State v. Hernandez, Texas Court of Appeals, 4th District (San Antonio)1993
- State v. CardonaNew Jersey Superior Court Appellate Division · 1991
- Green v. StateCourt of Criminal Appeals of Texas · 1994
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