Franklin v. State

OPINION

MILLER, Judge.

This is an appeal taken from a conviction of capital murder. V.T.C.A. Penal Code, § 19.03. The death penalty was imposed after the jury answered affirmatively the special issues submitted under Article 37.-071, V.A.C.C.P. Appellant’s previous conviction for the same offense was reversed because the State improperly impeached appellant on the basis of his failure to testify to his exculpatory story at a pre-trial hearing. Franklin v. State, 606 S.W.2d 818 (Tex.Cr.App.1979) (Opinion on Rehearing). The retrial conducted after this court remanded the case was held in Harris…