Payne v. State

OPINION ON REMAND FROM THE TEXAS COURT OF CRIMINAL APPEALS

MICHOL O’CONNOR, Justice.

A jury found Stanley Payne, the appellant, guilty of murder and assessed punishment at five years confinement. In the original appeal, we reversed the appellant’s conviction and remanded the case for a new trial, holding that the lower court erroneously denied the appellant’s request for a jury instruction on the voluntariness of his conduct. Payne v. State, 985 S.W.2d 682, 683 (Tex.App.—Houston [1st. Dist.] 1999), vacated, 11 S.W.3d 231 (Tex.Crim.App.2000). The State filed a petition for discretionary review,…