Martinez v. State

OPINION

SAM NUCHIA, Justice.

Appellant was charged with capital murder. A jury found him guilty of the lesser included offense of murder and assessed punishment at 60 years confinement. Appellant contends the court erred in denying his request for a jury charge on manslaughter. We affirm.

BACKGROUND

Joanie Nash invited Dan Cox to a party. Appellant was also at Nash’s party. Appellant had been drinking beer, smoking marihuana, and doing cocaine throughout the evening. Appellant and Cox left the party together to go to Cox’s apartment to contact Cox’s dealer to get cocaine. Appellant returned to…