Smith v. State

OPINION

MEYERS, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The appellant was indicted for the capital murder of a child younger than six years of age for the death of his daughter, who was five months old when she died. He pled guilty in an open plea proceeding to the reduced charge of reckless injury to a child, a second degree felony, and was assessed the maximum punishment of twenty years’ confinement in the penitentiary and a $10,000 fine. On appeal, the Fourteenth Court of Appeals reversed the judgment and remanded the cause to the trial court for re-assessment of…