MARTINEZ v. STATE

No. 01-99-00260-CR.

16 S.W.3d 845 (2000)

Nathaniel John MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 6, 2000.


Attorney(s) appearing for the Case

Frances Northcutt, Houston, for Appellant.

Calvin Hartmann, John B. Holmes, Houston, for State.

Panel consists of Justices O'CONNOR, NUCHIA, and DUGGAN.


OPINION

SAM NUCHIA, Justice.

Appellant was charged with capital murder. A jury found him guilty of the lesser included offense of murder and assessed punishment at 60 years confinement. Appellant contends the court erred in denying his request for a jury charge on manslaughter. We affirm.

BACKGROUND

Joanie Nash invited Dan Cox to a party. Appellant was also at Nash's party. Appellant had been drinking beer, smoking marihuana, and doing...

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