Modlin v. State

Jim Hannah, Justice.

Ricky Dean Modlin appeals his conviction for first degree< murder and sentence of life in prison. Modlin raises one issue on appeal. He alleges that the trial court committed reversible error in finding that his seven-year-old son Carey Modlin was competent to testify. We hold that the trial court did not abuse its discretion in finding Carey competent to testify. Modlin’s conviction and sentence are affirmed.

Facts

Modlin was charged with the capital murder of his wife Rene. Modlin did not deny that he bludgeoned his wife to death with a pipe wrench. The jury was asked to…