Rische v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of the offense of voluntary manslaughter and the punishment was assessed at twelve (12) years in the Texas Department of Corrections and a $1,000.00 fine. On direct appeal the conviction was affirmed. Riscke v. State, 746 S.W.2d 287 (Tex.App.—Houston [1st] 1988). Appellant filed a petition for discretionary review in which he contends, inter alia, that the Court of Appeals erred in failing to remand the cause to the trial court for a hearing to allow him to demonstrate how he was harmed by the inclusion of a…