Patrick F. Rogers v. State Texas

On September 21, 1985, Patrick F. Rogers (henceforth "appellant") and Willis Cooper, a companion, left Oklahoma, drove across the border to Paris, Texas, and robbed two women at gunpoint in Braums store. A short time later, while still driving around town, they were pulled over by Officer David Roberts, a Paris patrolman. Immediately after bringing his car to a complete stop, appellant exited the vehicle, approached the patrol car on foot, and shot Officer Roberts six times, causing his death. Appellant then returned to his own vehicle and drove away at high speed. After an intense search of the area in and around Paris, appellant was apprehended by the authorities and later indicted for the capital murder of Officer Roberts. V.T.C.A., Penal Code ? 19.03 (a) (1). After a jury found him guilty of capital murder and returned affirmative answers to the special issues submitted pursuant to Art. 37.071 (b), V.A.C.C.P., appellant was sentenced to death.... See Art. 37.071 (e), V.A.C.C.P. His appeal to this Court is automatic. See Art. 37.071 (h), V.A.C.C.P.; Tex.R.App.Proc., rule 40 (b) (1). Appellant neither challenges the sufficiency of the evidence on guilt nor the jurys affirmative answers to the special issues.