Wood v. State

OPINION

SAM J. DAY, Justice.

A jury convicted Randy Lee Wood of capital murder. Because the State did not seek the death penalty, he was automatically sentenced to life confinement. Tex. Penal Code Ann. § 12.31(a) (Vernon 1994). On appeal, Wood contends in his first point that his trial counsel was ineffective for failing to request an instruction on the lesser-included offense of murder. In points two and three, he argues that the trial court’s application paragraph at the guilt-innocence phase of trial was erroneous and that he received ineffective assistance of counsel when his attorney…