Vodochodsky v. State

OPINION

PRICE, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

We withdraw our previous opinion and substitute this one. We deny the State’s motion for rehearing.

In February 2001, a jury convicted Kenneth Vodochodsky of killing a peace officer who was acting in the lawful discharge of an official duty.1 Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, §§ 2(b) and 2(e), the trial judge sentenced Vodochodsky to death.2 Direct appeal to this Court is automatic.3 Vodo-chodsky raises four points of error. We sustain his second point of…