Miller v. State

OPINION

TEAGUE, Judge.

The record reflects that Donald Anthony Miller, who we will refer to as appellant, was indicted, tried, and convicted for murdering Michael Dennis Mozingo while committing or attempting to commit the aggravated robbery of Mozingo, which elevated the offense of murder to capital murder. See V.T.C.A., Penal Code, 19.03. After the jury answered the special issues submitted to it by the trial judge, pursuant to the provisions of Article 37.071, Y.A.C.C.P., in the affirmative, the trial judge assessed appellant’s punishment at death.

Appellant’s attorneys present for review in…