Swaim v. State

*324OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DIXON W. HOLMAN, Justice (Retired).

Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our March 13, 2008 opinion and judgment and substitute the following. Tex.R.App. P. 50.

A jury convicted Appellant David Lee Swaim, Jr. of murder and assessed his punishment at life imprisonment. In two points, Swaim argues that the trial court committed harmful error by failing to include a jury charge instruction on sudden passion and that his trial counsel was ineffective for failing to request an instruction on sudden passion. We will…