Garza, Robert

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-74,935 & AP-75,597

ROBERT GENE GARZA, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL FROM CAUSE NO. CR-0945-03-I

IN THE 398TH JUDICIAL DISTRICT COURT

HIDALGO COUNTY

Price, J., delivered the opinion of the Court in which Keller, P.J., and Meyers, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Womack, J., dissented.

O P I N I O N

In December 2003, the appellant was convicted of two counts of capital murder. (1) Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, sections 2(b)…