State v. Brobeck

OPINION

FONES, Justice.

Defendant was convicted of felony murder and aggravated rape. He was sentenced to life imprisonment after the State withdrew its demand for the death penalty at the request of the victim’s family. He received a concurrent sentence of forty years for the offense of aggravated rape. The Court of Criminal Appeals affirmed the felony murder conviction and reversed and dismissed the conviction for aggravated rape.

We granted the State’s Rule 11, T.R. A.P., application to consider the correctness of the action of the Court of Criminal Appeals in finding as a matter of law that…