Jackson V. State

Kenneth Wayne Jackson appeals his conviction, after a jury trial, of murder. The jury assessed punishment at sixty years' confinement. In four issues, appellant argues (1) his constitutional due process rights were violated because the jury was not allowed to consider evidence of his diminished capacity on the element of mens rea; (2) he received ineffective assistance of counsel; (3) the evidence was legally and factually insufficient to support his conviction; and (4) the trial court erred by failing to give lesser-included offense instructions to the jury. For reasons that follow, we affirm the trial court's judgment.