Thomas v. State

Smith, Presiding Justice.

The State sought the death penalty against appellant Tony Jerald Thomas for the murder of Kenneth Overstreet. After the jury returned guilty verdicts on all the charges, but before sentencing, the appellant and the State entered into an agreement in which the appellant waived his right to appeal and the State waived its right to seek the death penalty against both the appellant and his co-defendant/brother, Jessie William Thomas. The appellant was sentenced according to the agreement; however, despite the agreement, the appellant has filed an appeal and the State has…