Hernandez v. State

Appellant, Armando Hernandez, Jr., was convicted by a jury of capital murder and sentenced to life in the Texas Department of Criminal Justice, Institutional Division. Maintaining that he did not intend to kill the complainant, that he intended only to rob him, appellant challenges his conviction on seven grounds: (1) the trial court erred in not charging the jury on the lesser-included offense of theft; (2) the evidence was legally insufficient to prove that appellant was guilty of being a party to capital murder; (3) the trial court erred in excluding a statement appellant made that he claims is material to his defense; (4) the trial court erred in overruling appellants objection to allegedly improper jury argument; (5) the trial courts instruction allowing a finding of guilt based on conspiracy, which was not alleged in the indictment, denied appellant due process; (6) and (7) the trial court erred in allowing the State to offer extraneous offense evidence of appellants drug transactions, which he claims violated Texas Rules of Evidence 404(b) and 403. We affirm.