McKINNEY v. STATE

No. PD-1508-04.

179 S.W.3d 565 (2005)

Gerry Don McKINNEY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 16, 2005.


Attorney(s) appearing for the Case

Ebb B. Mobley, Longview, for Appellant.

Ray Bowman, Asst. District Atty., Longview, Matthew Paul, State's Atty., Austin, for State.


MEYERS, J., delivered the opinion for a unanimous Court.

Appellant Gerry Don McKinney was convicted of murder and the jury assessed a sentence of 40 years' confinement in the Texas Department of Criminal Justice — Institutional Division and a $10,000 fine. On appeal, Appellant argued that the trial court erred in failing to include an instruction regarding sudden passion in the jury charge. The Twelfth Court of Appeals held that the trial court did not err...

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