Livingston v. State

OPINION

BAKER, Justice.

A jury found Christopher Antonio Livingston guilty of murder and assessed a life sentence. He asserts seven points of error. In his first point, appellant contends that the trial court erred in commenting to the jury panel during voir dire on the court’s own inability to consider the full range of punishment. We sustain this point of error, reverse the trial court’s judgment, and remand the cause for a new trial.

During voir dire, the following discussion transpired before the entire panel of prospective jurors:

A JUROR: If — we’re talking the person was found guilty of…