Shute v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant was indicted for attempted capital murder. At a bench trial appellant stipulated to all of the facts necessary to prove he committed attempted murder, therefore, the only issue presented to the trial court was whether the victim was a peace officer in the lawful discharge of his duties. The trial judge found appellant guilty as charged.

The Houston Court of Appeals [14th District] reversed the conviction based upon insufficient evidence of the capital element. Shute v. State, 1989 WL 14123…