Kelley v. State

HOLCOMB, Justice.

Avin Kelley (“Appellant”) was convicted of murder and assessed punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for sixty years. He complains on appeal that the trial court erred in submitting a jury instruction on provoking the difficulty, in entering judgment on the verdict, in admitting victim impact testimony, and in denying Appellant’s motion for mistrial. We will affirm.

Appellant’s second, third and fourth points of error deal with the sufficiency of the evidence, which we will address first. From the evidence adduced…