PITONYAK v. STATE

No. 03-07-00131-CR.

253 S.W.3d 834 (2008)

Colton Aaron PITONYAK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 25, 2008.


Attorney(s) appearing for the Case

Joseph A. Turner, Law Office of Joseph A. Turner, Austin, TX, for Appellant.

C. Bryan Case Jr., Assistant District Attorney, Austin, TX, for State.

Before Justices PATTERSON, PURYEAR and HENSON.


OPINION

DAVID PURYEAR, Justice.

A jury found appellant Colton Aaron Pitonyak guilty of murder and assessed a fifty-five-year prison term. See Tex. Penal Code Ann. § 19.02(b)(1) (West 2003). In five points of error, appellant contends that: (1) the evidence is legally and factually insufficient to sustain the guilty verdict, (2) the trial court erred by refusing to instruct the jury on the lesser included offenses of manslaughter and criminally...

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