Albert Roy Sanchez v. State Texas

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW TEAGUE, Judge The record reflects that Albert Roy Sanchez, hereinafter appellant, was found guilty by a jury of committing the offense of attempted capital murder of Arlene Mullin pursuant to the following ""application paragraph"" of the trial judge's charge to the jury: Now, if you find from the evidence beyond a reasonable doubt that on or about the 6th day of October, 1983, in Midland County, Texas, the defendant, ALBERT ROY SANCHEZ, did then and there intentionally or knowingly, with the specific intent to cause the death of Arlene Mullin, do an act, to-wit: stab the said Arlene Mullin with a knife, and that the defendant was then and there in the course of kidnapping the said Arlene Mullin, and that said act of stabbing amounted to more than mere preparation and tended but failed to cause the death of Arlene Mullin, then you will find the defendant guilty of attempted capital murder.1