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Lawton v. State

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eBook details

  • Title: Lawton v. State
  • Author : Texas Criminal Appeals
  • Release Date : January 06, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Appeal from Smith County OPINION In July 1993, appellant was tried and convicted of capital murder under Texas Penal Code Section(s) 19.03(a)(2). The offense, murder in the course of robbery/burglary, was committed on December 24, 1992. The jury affirmatively answered the special issue submitted under Article 37.071 Section(s) 2(b)(1). 1 Appellant was sentenced to death as mandated by Article 37.071 Section(s) 2(g). Article 37.071 Section(s) 2(h) provides direct appeal to this court. Appellant raises twenty-eight points of error. We affirm. A brief review of the facts will be useful in considering the issued raised. Reviewed in the light most favorable to the verdict, the evidence established the following: On the night of December 23, and early morning of December 24, 1992, appellant, Karlos Fields, and Carlos Black conspired to and did burglarize several vehicles in Smith County. Using a stolen shotgun, appellant stood guard while his coconspirators burglarized the vehicles. Witnesses testified that appellant would stand at a distance from the vehicles being burglarized, pointing the shotgun at the windows and doors of the houses near which the vehicles were parked. Appellant had informed his coconspirators that he would ""bust on"" (shoot) anyone who might attempt to interfere in the burglary spree. In the pre-dawn hours of Christmas Eve, the victim was awakened by his daughter, who informed him that his truck was being burglarized. The victim ran out into his front yard and was there gunned down by appellant; he died shortly thereafter of the injuries sustained. Appellant and his coconspirators were apprehended after a high speed car chase.


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