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Sturdivant v. State

The appellant challenges her convictions for alleged murder and attempted capital murder. Because corroborating non-accomplice evidence was not so unconvincing in fact as to render the state's overall case for conviction clearly and significantly less persuasive, appellant did not suffer egregious harm from the trial court's failure to instruct the jury that another person was an accomplice witness as a matter of law with respect to the attempted capital murder charge. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00089-CR, 05-14-2013.

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OPINION

A jury convicted appellant, Joyce McMillin Sturdivant, of the first degree felony offenses of murder and attempted capital murder and assessed punishment at thirty years’ confinement and fifteen years’ confinement, respectively, to run concurrently.*fn1 In six issues, appellant contends that (1) and (2) the trial court erred by not instructing the jury that Deborah Dieterich was an accomplice as a matter of law with respect to both of the charged offenses; (3) and (4) the State failed to present sufficient evidence to support her conviction of both offenses; and (5) and (6) the trial court erred in taxing as court costs the amounts paid to the attorneys pro tem for the State, to the State’s experts and investigators, to the courtappointed attorneys, and to appellant’s experts and investigators.

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