Fails v. State

OPINION

SUE LAGARDE, Justice.

Reginald B. Fails appeals his conviction for murder. After finding appellant guilty, the jury assessed his punishment at life imprisonment and a $10,000 fine. Appellant brings two issues questioning whether the trial court erred in: (1) admitting into evidence a photograph that was more prejudicial than probative; and (2) failing to instruct the jury on the State’s burden of proof during the punishment phase of the trial. We resolve the issues against appellant and affirm his conviction.

FACTUAL BACKGROUND

Appellant stabbed his wife, Vickie Lock-hart, repeatedly in…