Barrios v. State

OPINION

in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN joined.

Appellant was charged with, and found guilty of, capital murder. The state did not seek the death penalty, so appellant was sentenced to life imprisonment. On appeal, the First Court of Appeals in Houston affirmed the conviction, finding that there was no error in the portion of the trial court’s charge that instructed the jury to acquit appellant of capital murder before it could consider the lesser-included offense of robbery. We granted appellant’s petition for review. Because we find no error in the jury…