Newton v. State

OPINION

DAVID PURYEAR, Justice.

Appellant Glenn Newton pleaded guilty to murder and raised the issue of sudden passion. See Tex. Pen.Code Ann. § 19.02(b), (d) (West 2003). The jury returned an instructed verdict of guilty and assessed punishment at forty years’ imprisonment and a $10,000 fine. Appellant complains that the trial court’s charge did not require the jury to reach a unanimous verdict on the sudden passion issue. We agree that the charge was defective, reverse the district court’s judgment, and remand for a new punishment hearing.

If, at the punishment stage of a murder trial, the…