Leopoldo Franco, Sr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00794-CR

Leopoldo Franco, Sr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 50,108, HONORABLE C. W. DUNCAN, JR., JUDGE PRESIDING

A jury convicted appellant Leopoldo Franco, Sr. of the capital murder of his four-month-old son, Michael Franco. See Tex. Penal Code Ann. § 19.03(a)(8) (West 1994). The district court's jury charge included the lesser included offense of murder. See id. § 19.02(b). The State did not seek the death penalty, so the court assessed punishment at life…