Mendivil v. State

OPINION

KOEHLER, Justice.

This is an appeal from a conviction for murder. The jury assessed punishment, enhanced by one prior felony conviction, at imprisonment for ninety-nine years and a fine of $10,000.00. We reverse and remand.

The sole point of error asserts that the trial judge erred in refusing to submit a jury issue on the lesser included offense of voluntary manslaughter. The victim was Appellant’s ex-wife. They had been separated for approximately two months at the time of the alleged offense. On the night of January 17,1990, Appellant was babysitting his young daughters at a house at…