Tigner v. State

OPINION

MANSFIELD, Judge.

A McLennan County jury convicted appellant, Gerald Wayne Tigner, of capital murder.1 At the punishment phase of the trial, the jury found appellant to be a future danger under Article 37.071 § 2(b)2 and, further, declined to find mitigating circumstances sufficient to militate against application of the death penalty under Article 37.071 § 2(e). The trial court sentenced appellant to death. We now reverse.

In point number one, appellant contends that the trial court erroneously admitted his oral confession, in violation of Article 38.22 § 3(a)3, because a complete and…