Upton v. State

OPINION

McCORMICK, Presiding Judge.

A jury found appellant guilty of capital murder and answered the special issues under Article 37.071(b), V.A.C.C.P. affirmatively, whereupon the trial court assessed the mandatory penalty of death. Appellant raises eighteen points of error on direct appeal. We will reverse and remand.

Appellant contends in his first point of error the evidence is insufficient for any rational trier of fact to find beyond a reasonable doubt the murder was committed during the course of a robbery. V.T.C.A. Penal Code, Section 19.03(a)(1). The record reflects that Floyd Cummings,…