Garcia, Gustavo Julian

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 71,417

GUSTAVO JULIAN GARCIA

v.

THE STATE OF TEXAS

ON DIRECT APPEAL

FROM COLLIN COUNTY

Hervey, J., delivered the opinion of the Court in which Keller, PJ., Meyers, Womack, Keasler, Holcomb and Cochran, JJ., joined. Price and Johnson, JJ., concurred.

O P I N I O N

In January of 1992, appellant was convicted of capital murder. Tex. Penal Code Ann. § 19.03(a). Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.0711, sections 3(b) and 3(e), (1) the trial judge sentenced appellant to death. Art. 37.0711…