Berry v. State

OPINION

in which PRICE, WOMACK, HOLCOMB, and COCHRAN, JJ, joined.

Appellant was convicted in February 2004, of capital murder. Tex Penal Code § 19.03(a). Based on the jury’s answers to the special issues set forth in Texas Code *851of Criminal Procedure Article 37.071, §§ 2(b), (e), the trial judge sentenced appellant to death. Art. 37.071, § 2(g).1 Direct appeal to this Court is automatic. Art. 37.071, § 2(h). We have reviewed appellant’s nine points of error. We affirm the trial court’s judgment, but reform the sentence to life imprisonment.

STATEMENT OF FACTS

Appellant was indicted for the murder…