Barley v. State

June 21, 1995 Appeal from HARRIS County O P I N I O N Appellant, Nathaniel Barley, was convicted of capital murder. Tex Penal Code Ann. Section(s) 19.03(a)(2). During the punishment phase the jury affirmatively answered the special issues set forth in Texas Code of Criminal Procedure art. 37.071(b). The trial judge sentenced appellant to death as required by Texas Code of Criminal Procedure art. 37.071(e). Direct appeal is automatic. Tex. Code Crim. Proc. Ann. art. 37.071(h). We will affirm. Appellant raises four points of error. Points of error one and four concern identification procedures alleging violations of appellant's rights to due process and counsel. Appellant's second point of error alleges error in the admission of a prior statement of a witness. And appellant's third point of error argues that the evidence is insufficient as a matter of law to support the jury's affirmative finding of future dangerousness. The sufficiency of the evidence to support guilt is not challenged.