McKinney v. State

Appellant Gerry Don McKinney was convicted of murder and the jury assessed a sentence of 40 years’ confinement in the Texas Department. of Criminal Justice— Institutional Division and a $10,000 fíne. On appeal, Appellant argued that the trial court erred in failing to include an instruction regarding sudden passion in the jury charge. The Twelfth Court of Appeals held that the trial court did not err in refusing to submit a charge on sudden passion to the jury during the punishment phase of the trial and affirmed the trial court’s judgment. McKinney v. State, No. 12-03-00155-CR, 2004 WL…