Gonzales v. State

864 S.W.2d 522, 1993 Tex. Crim. App. LEXIS 140, 1993 WL 346480

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was charged with murder pursuant to Tex.Penal Code Ann. § 19.02(a)(1) and (2). But the jury convicted him of the lesser offense of voluntary manslaughter, Tex.Penal Code Ann. § 19.04, and assessed punishment at seven years confinement. The Court of Appeals reversed. Gonzales v. State, 838 S.W.2d 848 (Tex.App.—Houston [1st Dist.] 1992).

We granted the State’s petition for discretionary review which raises two grounds for review, namely that the trial judge correctly instructed the jury on the law of voluntary intoxication and that the trial judge properly excluded evidence of specific acts of violence by the deceased. After carefully considering these grounds, we find that our decision to grant the State’s petition was improvident. Accordingly, the State’s petition is dismissed.

WHITE, J., concurs in the result. McCORMICK, P.J., and CLINTON and OVERSTREET, JJ., dissent.