HERNANDEZ v. STATE

No. 14-04-00055-CR.

171 S.W.3d 347 (2005)

Armando HERNANDEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th District).

Rehearing Overruled September 1, 2005.


Attorney(s) appearing for the Case

Kent A. Schaffer, Houston, TX, for appellant.

Carmen Castillo Mitchell, Houston, TX, for appellee.

Panel consists of Chief Justice HEDGES and Justices FOWLER and FROST.


OPINION

WANDA McKEE FOWLER, Justice.

Appellant, Armando Hernandez, Jr., was convicted by a jury of capital murder and sentenced to life in the Texas Department of Criminal Justice, Institutional Division. Maintaining that he did not intend to kill the complainant, that he intended only to rob him, appellant challenges his conviction on seven grounds: (1) the trial court erred in not charging the jury on the lesser-included offense of theft; (2) the evidence...

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