Carrillo v. State

OPINION

WARD, Justice.

A jury found the Appellant guilty of murder and assessed his punishment at confinement for a period of thirty years. We modify and affirm.

This is the second trial of this case, the Court of Criminal Appeals having reversed a previous conviction. Carrillo v. State, 597 S.W.2d 769 (Tex.Cr.App.1980).

At approximately 7:30 p. m. on March 8, 1977, Appellant and several other members of the Mestizos Gang were fired upon by the occupants of a passing car. Appellant recognized two occupants of this car as Miguel Rodriguez and Felipe Moreno. Appellant obtained a rifle and, with a…