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Perez v. State

In two issues, appellant contends the trial court's negative finding on his issue of sudden passion is legally and factually insufficient. The Amarillo Court of Appeals held that the evidence concerning the trial court's negative finding on appellant's sudden passion issue is legally sufficient as a matter of law. The court of appeals did, however, modify the trial court's judgment to delete the order obligating appellant to pay $6,868 in attorney's fees. Amarillo Court of Appeals, No. 07-08-0425-CR, 09-10-2010

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Before QUINN, C.J. and CAMPBELL and PIRTLE, JJ.

OPINION

Following an open plea of guilty to the offense of murder,*fn1 Appellant, Alfredo Perez, was adjudicated guilty as charged. The trial court then proceeded to a punishment hearing where Appellant offered evidence of sudden passion. Normally, murder is a first degree felony punishable by confinement for life or for any term of not more than 99 years or less than 5 years. Tex. Penal Code Ann. §§ 19.02(c) and 12.32(a) (Vernon 2003 and Vernon Supp. 2009). If, however, at the punishment stage of a trial, the defendant proves in the affirmative by a preponderance of the evidence that he caused the death under the immediate influence of sudden passion arising from an adequate cause, then the offense is a felony of the second degree punishable by confinement for a term of not more than 20 years or less than 2 years.*fn2 Texas Penal Code Ann. §§ 19.02(d) and 12.33(a) (Vernon 2003 and Vernon Supp. 2009). See Sanchez v. State, 23 S.W.3d 30, 34 (Tex.Crim.App. 2000). At the conclusion of the punishment hearing, the court assessed Appellant’s sentence at confinement for life. In two issues, Appellant contends the trial court’s negative finding on his issue of sudden passion is legally and factually insufficient. We affirm.

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