Van Guilder v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of one count of attempted murder and sentenced to twenty (20) years incarceration at the Texas Department of Corrections. The jury found appellant not guilty by reason of insanity on three other counts of attempted murder and one count of murder. All five charges arose out of the same continuous transaction.

The Fourth Court of Appeals reversed the trial court’s judgment, concluding that appellant’s affirmative defense of insanity had been established as a matter of law and that the jury finding on…