Wyle v. State

OPINION

MILLER, Judge.

Appellant was convicted of capital murder, V.T.C.A. Penal Code, Section 19.-03(a)(2). Death was imposed by the trial court after the jury returned affirmative findings to both special issues submitted pursuant to Art. 37.071(b)(1) and (2), V.A.C. C.P. Direct appeal to this Court was automatic. Because of our disposition of appellant’s sixth point of error, we will reverse the conviction.

Appellant does not challenge the sufficiency of the evidence, so we give only a brief recitation of the facts. Appellant and a companion were traveling to California when they experienced…