Barnes v. State

Omar Franklin Barnes (defendant) and Sherry Barnes were married. Sherry enlisted in the military and moved to San Antonio, and Omar followed from Florida a few weeks later. One night, Sherry was scheduled to meet a friend at a dance club but never arrived. Omar called Sherry’s friend, told her Sherry had left their home after an argument, and asked for her help finding Sherry. Omar told the same story to other friends and family, stating that he and Sherry had fought because she thought he was not trying hard enough to find a job. Omar also gave a statement to police in which he said that he and Sherry had argued over his failure to find a job and that she had slapped him before leaving. Omar eventually returned to Florida, and Sherry’s body was found the next day. While in Florida, Omar was arrested and jailed for a different offense and told an inmate that the day Sherry disappeared, they argued and she told him to pack his things and move back to Florida because he hadn’t been trying hard enough to find a job. Omar said that made him very upset and he choked Sherry to death. Omar was charged and convicted with Sherry’s murder and, during the punishment phase of his trial, asked the court to provide a heat-of-passion jury instruction, which could serve as a mitigating factor and result in a reduced sentence. The court refused, and Omar appealed.