Brimage v. State

OPINION ON STATE’S MOTION FOR REHEARING

MANSFIELD, Judge.

Richard Brimage, Jr., appellant, was convicted of capital murder — murder committed in the course of committing or attempting to commit a kidnapping — under TexJPenal Code 19.03(a)(2) (1985). The jury answered the special issues under Tex.Code Crim.Proc. 37.071(b) (1985) in the affirmative, and punishment was assessed at death in accordance with Tex.Code Crim.Proc. 37.071(e) (1985).

Automatic appeal was made to this Court which, on September 21, 1994, reversed the judgment of the trial court and remanded the cause for a new trial. The…