Paul Martinez v. State Texas

Paul Martinez, Jr. appeals his conviction in a jury trial of the offenses of attempted voluntary manslaughter and murder. The jury assessed punishment at five years confinement and forty years confinement, respectively. On appeal, appellant asserts that: (1) the trial court abused its discretion in failing to dismiss the venire panel; (2) the trial court erred in overruling appellants objection to the prosecutors jury argument; (3) the trial court erred in admitting the autopsy report over his objection; (4) the charge given to the jury during the guilt-innocence phase was fundamentally defective; and (5) the evidence was insufficient to support his convictions. In a crosspoint, the State requests that the judgment for the murder conviction be reformed to show the jurys affirmative deadly weapon finding. We overrule appellants points, sustain the States crosspoint, affirm the judgment for the attempted voluntary manslaughter conviction, reform the judgment for the murder conviction and as reformed, affirm.