Trevino v. State
Texas Court of Appeals
157 S.W.3d 818 (2005)
- Written by Kelli Lanski, JD
Facts
Tommy Trevino (defendant) was convicted of murdering Michelle Trevino, his wife, by shooting her three times. Tommy appealed, arguing that the judge erred by failing to instruct the jury on the defense of sudden passion. After a new trial on punishment, the jury declined to find that Tommy acted under the influence of sudden passion, and he was sentenced to life in prison. Tommy appealed again, arguing that the evidence was insufficient to negate the defense of sudden passion. Tommy based his argument on his own testimony that he shot his wife in a state of terror after she pointed and shot a gun at him, Tommy’s brother’s testimony that Michelle had previously aimed a gun at Tommy, and the fact that Tommy appeared distraught when police arrived at the crime scene after the murder. Contrary evidence from the state showed that although a revolver was found in the home and had been fired, Michelle’s fingerprints were not on it, nor was there gunpowder residue on her hands.
Rule of Law
Issue
Holding and Reasoning (Cayce, C.J.)
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