David Wayne Spence v. State Texas

David Wayne Spence, appellant herein, was convicted of the offense of capital murder, namely, the capital murder of Jill Montgomery, henceforth Montgomery, one of the victims of the "Lake Waco" murders, while in the course of committing the offense of aggravated kidnapping of Montgomery. See V.T.C.A. Tex. Penal Code, Sec. 19.03(a)(2). After convicting appellant of capital murder, the jury answered the submitted special issues in the affirmative. See Art. 37.071(b)(1) and (2), V.A.C.C.P. Therefore, appellants punishment was assessed by the trial judge at death. Appeal from the trial court to this Court is automatic. See Art. 37.071(h), V.A.C.C.P. We affirm.