Banda v. State

OPINION

McCORMICK, Presiding Judge.

Appellant was convicted of the offense of capital murder under V.T.C.A., Penal Code, Section 19.03(a)(2).1 The jury answered the special issues affirmatively and punishment was assessed accordingly at death. Article 37.071(b), V.A.C.C.P.2 Appellant’s conviction was affirmed on direct appeal. Banda v. State, 768 S.W.2d 294 (Tex.Cr.App.), cert. denied, 493 U.S. 923, 110 S.Ct. 291, 107 L.Ed.2d 270 (1989). We granted appellant’s writ of habeas corpus and this judgment was vacated due to ineffective assistance of counsel on appeal. Ex parte Banda, No. 21,327-02…