Don Del Real Herrera v. the State of Texas

Opinion filed September 29, 2023 In The Eleventh Court of Appeals __________ No. 11-22-00101-CR __________ DON DEL REAL HERRERA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 142nd District Court Midland County, Texas Trial Court Cause No. CR51729 OPINION Appellant, Don Del Real Herrera, was indicted for capital murder and murder. Pursuant to an agreement between the State and Appellant, the State abandoned the capital murder charge and Appellant pleaded guilty to murder. See TEX. PENAL CODE ANN. § 19.02(b) (West 2019). Appellant elected to have a jury assess his punishment…