Reyna v. State

OPINION

MURRY B. COHEN, Justice.

A jury found appellant guilty of murder and of injury to a child, and it assessed his punishment at 30 years in prison for murder and five years for injury to a child. On appeal, appellant contends the trial judge erred at the punishment stage of trial by refusing to instruct the jury on temporary insanity due to intoxication and by allowing the prosecution to question him about his silence while under arrest. We affirm.

On September 9, 1998, appellant shot to death his common-law wife, Ana Rodriguez. One of the shots struck his son.

*402Officers arrested appellant…