Winfrey v. State

323 S.W.3d 875 (2010)

Richard Lynn WINFREY, Appellant,

v.

The STATE of Texas.

No. PD-0987-09.

Court of Criminal Appeals of Texas.

September 22, 2010.

Rehearing Denied November 10, 2010.

Shirley Baccus-Lobel, Dallas, for Appellant.

Bill Burnet, Crim. D.A., Coldspring, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

OPINION

Charged with the capital murder of Murray Wayne Burr, appellant was convicted of the lesser offense of murder and sentenced to seventy-five…