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Raymond Deleon Martinez v. the State of Texas

Appellant was convicted of capital murder in October 1989 for an offense committed in July 1983. Appellant's seven points of error — including the arguments that the legal and factual sufficiency of the evidence does not support the jury's future-dangerousness determination; the capital murder sentencing statute is unconstitutional because it allows the jury to determine future dangerousness based solely on the facts of the case; and the trial court committed reversible error by admitting testimony regarding an unadjudicated extraneous offense — are without merit. Consequently, the trial court's sentence of death is affirmed. Texas Court of Criminal Appeals, No. AP-76,140, 12-15-2010

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Holcomb, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Womack, Johnson, Keasler, Hervey, and Cochran, JJ., joined. Meyers, J., dissented.

Appellant was convicted of capital murder in October 1989 for an offense committed in July 1983.*fn1 Tex. Penal Code Ann. §19.03(a)(2). Pursuant to the jury’s answers to the statutory punishment issues, the trial court sentenced appellant to death. Art. 37.071 §2(e).*fn2 This conviction and sentence were affirmed on direct appeal. Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993). In September 2007, this Court granted habeas corpus relief, set aside appellant’s death sentence, and remanded the case to the trial court for a new punishment hearing. Ex parte Martinez, 233 S.W.3d 319 (Tex. Crim. App. 2007) (granting a new punishment hearing because the jury did not have a vehicle through which to give meaningful consideration to appellant’s constitutionally relevant mitigating evidence).

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