Grijalva v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder. After the punishment issues submitted under Art. 37.071, V.A.C. C.P., were answered affirmatively, the death penalty was assessed.

In his third ground of error appellant raises an issue that requires reversal under the recent Supreme Court decision in *421Adams v. Texas, 581 U.S. -, 100 S.Ct. 2521, 65 L.Ed.2d - (1980). A prospective juror was excused on challenge by the State under V.T.C.A., Penal Code Sec. 12.31(b). We set out the controlling portions of the juror’s voir dire examination:

(Questions by the Prosecutor)

“Q. In…