Powell v. State

767 S.W.2d 759 (1989)

David Lee POWELL, Appellant,

v.

The STATE of Texas, Appellee.

No. 67630.

Court of Criminal Appeals of Texas, En Banc.

January 11, 1989.

Will Gray, Houston, for appellant.

Ronald Earle, Dist. Atty., Philip A. Nelson, Jr., Asst. Dist. Atty., and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

WHITE, Judge.

Appellant was convicted of capital murder. V.T.C.A., Penal Code Sec. 19.03(a)(1). Punishment was assessed at death. Art. 37.071(b), V.A.C.C.P. On direct appeal to this Court his conviction was…