Black v. State

The appellant was convicted of capital murder in August, 1998, which was committed on February 7, 1998. Penal Code sec. 19.03(a). Pursuant to the jury’s answers to the special issues set forth in Code of Criminal Procedure article 37.071, sections 2(b) and 2(e),1 the trial judge sentenced the appellant to death. Art. 37.071, sec. 2(g). Direct appeal to this Court is automatic. Art. 37.071, sec. 2(h). The appellant raises five points of error, but does not challenge the sufficiency of the evidence to support the verdict.2 We shall affirm.

In his first and second points of error, the appellant…