Gamez v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of the capital murder of Joe Banda. The jury having answered the second special issue submitted under Article 37.071, V.A.C.C.P., in the negative the punishment was assessed at life imprisonment.

On appeal by virtue of a supplemental ground of error (now point) appellant contended that the trial judge was absolutely disqualified from presiding on the trial because he had served as counsel for the State in the case. Article V, § 11, Tex. Const.; Article 30.01, V.A.C.C.P. The Court of Appeals…