Hayes v. State

The appellant was convicted in May 2000 of capital murder. Tex. Penal Code sec. 19.08(a). Pursuant to the jury’s answers to the special issues set forth in Code of Criminal Procedure article 37.071 sections 2(b) and 2(e), the trial judge sentenced the appellant to death. Article 37.071 § 2(g). 1 Direct appeal to this Court is automatic. Art. 37.071, sec. 2(h). The appellant raises four points of error including challenges to the sufficiency of the evidence at the punishment phase. We shall affirm.

STATEMENT OF FACTS

In 1999, the appellant and his wife, Mary Hayes were living together at 2667…