Starvaggi v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction of capital murder. The jury having answered the three special issues affirmatively, the punishment of death was assessed. V.T. C.A., Penal Code, Sections 19.03(a)(2), 12.31; Article 37.071(b)(l-3), V.A.C.C.P.

The sufficiency of the evidence to sustain the jury’s verdict of guilt is not challenged, but in light of appellant’s challenge to the sufficiency of the evidence to sustain the jury’s affirmative' answer to the second special issue (Article 37.071(b)(2), supra), the evidence of the crime will be reviewed. All evidence will be…