State v. McPherson

OPINION ON STATE’S AND APPEL- • LEE’S PETITIONS FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellee was convicted of capital murder pursuant to Tex.Penal Code Ann. § 19.-03(a)(3). The trial judge submitted the three statutory punishment issues pursuant to Tex.Code Crim.Proc.Ann. art. 37.-071(b)1 and a fourth punishment issue concerning appellee’s mitigating evidence. The jury affirmatively answered the three statutory punishment issues but negatively answered the fourth issue, finding the death penalty was not a reasoned moral response after consideration of appellee’s mitigating evidence.2…