Guerra v. State

BUTTS, Justice.

This is an appeal , from a conviction for capital murder, TEX.PENAL CODE ANN. § 19.03(a)(2) (Vernon 1974). Trial was in Medina County following a change of venue from Val Verde County subsequent to a mistrial. After finding appellant guilty of capital murder, the jury returned a negative finding to the second special issue submitted at the punishment phase of the trial pursuant to TEX.CODE CRIM.PROC. ANN. art. 37.071(b)(2) (Vernon 1981 and Vernon Supp.1985). The trial court assessed punishment at life imprisonment. We affirm.

In ground of error one appellant contends there is…