Pitts v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant was indicted for murder as proscribed by §§ 19.02(a)(1) and 19.02(a)(2), Tex.Penal Code. Following a jury trial, the appellant was convicted and assessed punishment at sixty-three years in the Texas Department of Corrections.

The First Court of Appeals reversed the appellant’s conviction, holding that the trial court erred in sustaining the State’s objection to the appellant’s attempt to impeach a witness called by appellant at the punishment phase of the trial. Pitts v. State, 712 S.W.2d 563 (Tex.App.—Houston…