Alvarado v. State

Believing the majority fails to adequately address appellant’s tenth and twelfth points of error, I offer the following comments.

I

In his tenth point of error, appellant contends he was entitled under Tex.Code Crim. Proc.Ann. art. 37.071 to present evidence that one of the victims had previously assaulted a police officer. Relying upon the principle enunciated in Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991)1, appellant contends the assault con*219stituted “reciprocal victim impact evidence.” He argues this type of evidence is admissible in mitigation of the death…