Wallace v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder. The jury answered the punishment stage questions under Art. 37.-071, V.A.C.C.P., affirmatively, and punishment was assessed at death.

In one of his grounds of error appellant challenges the sufficiency of the evidence to prove that there is a probability he would commit criminal acts of violence that would constitute a continuing threat to society. Art. 37.071(b)(2), V.A.C.C.P. The evidence at the guilt stage of the trial was conflicting, but it was undisputed that appellant did not himself kill Lee Chagra, the murder…