Wilkerson v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted by a jury of murder pursuant to V.T.C.A. Penal Code Sec. 19.02(a)(1) and punishment was assessed at sixty years confinement in the Texas Department of Corrections. Appeal was taken to the First Court of Appeals sitting in Houston. See 670 S.W.2d 280. The Court of Appeals affirmed the conviction, holding, inter alia, that appellant’s “request for a second shuffle was not authorized under statutory or case law, and the trial court was entitled to conclude that the second shuffle would have unduly…