Cook v. State

OPINION

MANSFIELD, Judge.

Appellant was initially indicted for this offense, a capital murder alleged to have been committed in Smith County in 1977, in 1978. He was convicted and was sentenced to death. We affirmed his conviction and death sentence in 1987. Cook v. State, 741 S.W.2d 928 (Tex.Crim.App.1987). Following the Supreme Court’s vacating and remanding of our judgment,1 we reversed the judgment and remanded the cause to the trial court. Cook v. State, 821 S.W.2d 600 (Tex.Crim.App.1991). In 1992, appellant’s first retrial ended in a mistrial after the jury was unable to reach a verdict.

In…