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LABONTE v. STATE

No. 09-01-029 CR.

99 S.W.3d 801 (2003)

Lonnie Rayallen LABONTE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 19, 2003.

Attorney(s) appearing for the Case

David P. O'Neil, John Bennett, Riverside, for appellant.

Michael A. McDougal, Dist. Atty., Dan P. Bradley, Asst. Dist. Atty., Conroe, for State.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

A jury convicted appellant of Capital Murder. The State did not seek death as a punishment option upon conviction; therefore, an automatic assessment of life in the Texas Department of Criminal Justice-Institutional Division was rendered by the trial court. See Tex. Pen.Code Ann. § 19.03(b) (Vernon 1994); Tex. Pen.Code Ann. § 12.31(a) (Vernon 1994). Three issues are raised for appellate consideration...

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