Mitchel v. State

OPINION

EVELYN V. KEYES, Justice.

A jury found appellant, Wendell Roy Mitchel, guilty of attempted capital murder 1 and assessed punishment at confinement for 75 years and a fine of $10,000. In two points of error, appellant argues that (1) the trial court erred in finding appellant’s confession voluntary and (2) the trial court’s charge improperly instructed the jury that it must unanimously acquit appellant of attempted capital murder before it could consider a lesser charge.

We affirm.

Background

In the early morning hours of April 22, 2005, appellant shot Houston Police Department Officer R.…