Chappell v. State

OPINION

BAIRD, Judge.

Appellant was convicted of capital murder pursuant to Tex.Penal Code Ann. § 19.-03(a)(2).1 The jury affirmatively answered the two issues submitted pursuant to Tex. Code Crim.Proc.Ann. art. 37.071, § 2(b).2 Punishment was assessed at death. Tex. Code Crim.Proc.Ann. art. 37.071, § 2(e). Appeal to this Court is automatic. Tex. Code Crim.Proc.Ann. art. 37.071, § 2(h). We will reverse.

I

As appellant does not challenge the sufficiency of the evidence to support his conviction, we will dispense with a recitation of any facts unnecessary to the resolution of the point of error…