Garcia v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder in which the death penalty was assessed following the jury’s affirmative answers to the first two special issues under Article 37.071, V.A.C.C.P. 1 Appellant was indicted for murder while in the course of committing robbery. V.T.C.A., Penal Code, § 19.03(a)(2).

Appellant was jointly indicted and jointly tried with Antonio Barrientes. The co-defendant, however, was acquitted by the jury.

At the outset we are confronted with appellant’s contention that the evidence is not sufficient to support the jury’s finding…