Martin v. State

OPINION ON REMAND

WEAVER, Chief Justice.

Appellant, William Wayne Martin, was convicted by a jury of murder. See TEX. PENAL CODE ANN. sec. 19.02(a)(1) (Vernon 1989). The jury sentenced him to ninety-nine years in the Texas Department of Corrections. This court affirmed the conviction. Martin v. State, 732 S.W.2d 743 (Tex.App.—Fort Worth 1987). The court of criminal appeals vacated the cause and remanded it to this court for a harm analysis under TEX.R.APP.P. 81(b)(2). Martin v. State, 760 S.W.2d 662 (Tex.Crim.App.1988) (per curiam).

We reverse and remand for a new trial on punishment only.

The…