Evans v. State

OPINION PHILLIPS, Judge.

This is an appeal from a conviction for capital murder. The jury affirmatively answered the first and second punishment issues. See Article 37.071(b)(1) and (2), V.A. C.C.P. Punishment was assessed at death.

Appellant urges that the trial court erred in refusing to submit the third punishment issue to the jury. Article 37.071(b)(3), V.A. C.C.P., provides as follows:(b) On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury:(3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was…