Varvaro v. State

COLLEY, Justice.

Joseph Varvaro was convicted of criminal solicitation to commit capital murder 1 by a jury who assessed his punishment at life imprisonment.

Varvaro argues six points of error. The first two points relate to the trial court’s failure to find 2 that Varvaro did not knowingly and intelligently waive his right of appeal. Our presubmission order overruling the State’s motion to dismiss this appeal renders Varvaro’s points one and two moot.

In his third point of error, Varvaro contends the trial court erred in failing to instruct the jury at the guilt-innocence phase that an…