Barrios, Luis Noe

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0891-08

LUIS NOE BARRIOS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Keller, P.J., concurred.

O P I N I O N

Appellant was charged with, and found guilty of, capital murder. The state did not seek the death penalty, so appellant was sentenced to life imprisonment. On appeal, the First Court of Appeals in Houston affirmed the conviction, finding that there was no error in the portion of the trial court's charge that instructed the jury to acquit appellant of capital murder…