Foster v. State

779 S.W.2d 845 (1989)

Richard Donald FOSTER, Appellant,

v.

The STATE of Texas, Appellee.

No. 69575.

Court of Criminal Appeals of Texas, En Banc.

June 28, 1989.

Rehearing Denied September 20, 1989.

Michael Logan Ware, Bill Lane, Fort Worth, for appellant.

Amy Ayers Adams, Dist. Atty., and Donald Schnebly and Christopher Curtis, Asst. Dist. Attys., Weatherford, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

WHITE, Judge.

Appellant was convicted of capital murder. See V.T.C.A., Penal Code Sec. 19.03(a)(2). After the jury made an affirmative finding on both of the two…