Noland V. State

A jury found appellant, Brent Noland, guilty of the offense of murder*fn1 and assessed his punishment at confinement for fifty-five years and a $10,000 fine. In four points of error, appellant contends that (1) the evidence is factually insufficient to support the jury's finding that he was not under the immediate influence of sudden passion arising from an adequate cause at the time of the offense, (2) his punishment is excessive under the Eighth Amendment of the United States Constitution,*fn2 (3) the trial court erred in denying his motion for new trial without a hearing, and (4) section 19.02(d) of the Texas Penal Code*fn3 violates the Sixth Amendment of the United States Constitution*fn4 by placing the burden on the defendant to prove sudden passion.