Powell v. State

OPINION

MEYERS, Judge.

Upon retrial1 in November 1991, appellant was convicted under Texas Penal Code § 19.03(a)(1) for the capital murder, committed on May 18, 1978, of a law enforcement officer. The jury affirmatively answered the two special issues submitted under Article 37.071(b).2 Appellant was sentenced to death as mandated by Article 37.071(e). Article 37.071(h) provides direct appeal to this court. We affirm appellant’s conviction, but vacate and remand his sentence for further proceeding in accordance with Article 44.29(c).

Factual Summary

Appellant does not challenge the sufficiency of…