Brown v. State

OPINION

JIM SHARP, Justice.

A jury convicted appellant David Earl Brown of murder and found that he used a deadly weapon. See Tex. Penal Code Ann. § 19.02(b)(1) (West 2011). The jury assessed punishment at ten years’ imprisonment. Brown was present at trial for the presentation of evidence on guilt-innocence, but because he suffered a gunshot wound to the head before the defense rested its case, he was not present for closing arguments or any of the punishment proceedings.

As Brown told investigating officers at the scene that he shot Whitt Bruney, the principal issue at trial was not whether he…