Perez v. State

OPINION

WHITE, Judge.

Appellant was convicted of the offense of capital murder, specifically, murder com mitted in the course of a robbery. See TEX.PENAL CODE ANN. § 19.03(a)(2). His punishment was assessed at death, pursuant to affirmative answers to the three special issues. TEX.CRIM.PROC.CODE ANN. Art. 37.071, § 2(b)(1), (2), & (3). This case is before us on direct appeal. We will reverse and remand for a new trial.

Appellant does not challenge the sufficiency of the evidence at either the guilt or the punishment phase of the trial; therefore, we will dispense with all but the most cursory…