MENDIVIL v. STATE

No. 08-90-00271-CR.

812 S.W.2d 629 (1991)

Arnold Hurtado MENDIVIL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 31, 1991.


Attorney(s) appearing for the Case

John W. Cliff, Jr., Smith & Cliff, P.C., Odessa, for appellant.

Gary Garrison, Dist. Atty., Odessa, for appellee.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.


OPINION

KOEHLER, Justice.

This is an appeal from a conviction for murder. The jury assessed punishment, enhanced by one prior felony conviction, at imprisonment for ninety-nine years and a fine of $10,000.00. We reverse and remand.

The sole point of error asserts that the trial judge erred in refusing to submit a jury issue on the lesser included offense of voluntary manslaughter. The victim was Appellant's ex-wife. They had been separated for approximately...

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