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NEWTON v. STATE

No. 03-04-00016-CR.

168 S.W.3d 255 (2005)

Glenn NEWTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

June 23, 2005.

Attorney(s) appearing for the Case

Jon T. Evans, Law Office of Evans and Lusk, Austin, for Appellant.

Sally Swanson, Asst. Dist. Atty., Austin, for Appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Appellant Glenn Newton pleaded guilty to murder and raised the issue of sudden passion. See Tex. Pen.Code Ann. § 19.02(b), (d) (West 2003). The jury returned an instructed verdict of guilty and assessed punishment at forty years' imprisonment and a $10,000 fine. Appellant complains that the trial court's charge did not require the jury to reach a unanimous verdict on the sudden passion issue. We agree that...

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