Macias v. State

Appellant entered a plea of not guilty to the offense of capital murder. TEX. PENAL CODE ANN. § 19.03 (Vernon 1989). A jury found him guilty and assessed punishment at confinement for life in the Institutional Division of the Texas Department of Criminal Justice. In seven points of error, appellant contends the trial court erred (1) by depriving him of an adequate record on appeal; (2) in denying a requested jury instruction on the lesser-included offense of murder; (3) by failing to define the phrase "in the course of committing" an offense in the jury charge; (4) in admitting evidence of appellants affiliation with a gang; (5) in admitting gruesome photographs; and (6) in permitting the State to argue a plea for law enforcement during final arguments. We reverse and remand.