Vasquez v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

A jury convicted appellant of murder and assessed punishment at confinement for sixty years. The Court of Appeals affirmed. Vasquez v. State, 902 S.W.2d 627 (Tex.App.—El Paso 1995). We granted review to determine whether a defendant, in order to preserve the issue for appellate review, must obtain an adverse ruling after requesting a special charge. 1 We will reverse and remand.

I

At the conclusion of the evidence and prior to the submission of the court’s charge to the jury, appellant requested the trial judge instruct the…