Romo v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ODOM, Judge.

This conviction was affirmed on original submission. On rehearing we find unassigned error that requires consideration in the interest of justice. Art. 40.09(13), V.A. C.C.P.

Appellant was convicted of murder and punishment was assessed at fifty years. In the early morning hours of July 4, 1974, Isauro Martinez, III, was shot and killed by Lisandro Trevino (see Trevino v. State, Tex. Cr.App., 532 S.W.2d 352), who was riding as a passenger in a car driven by appellant. Appellant was convicted as a party to the offense under V.T.C.A., Penal…