record, if you find a hypothetical case that somebody is mentally ill, would that prevent you from considering the minimum range of punishment in a murder case where the person has no prior convictions and is probation eligible. ADA: Objection, Your Honor. Court: Sustained. The appellant’s voir dire question improperly sought an answer committing the juror to a specific set of facts that obviously applied to the appellant in this case: Could they consider probation if faced with a mentally ill defendant, who had been convicted of murder and had no other pri- or convictions. This question was not an attempt to explain the law to the venire. Therefore, the trial court did not abuse its discretion by prohibiting the question. See Penry v. State, 903 S.W.2d 715, 739-40 (Tex.Crim.App.1995) (<HOLDING>); White, 629 S.W.2d at 706 (holding whether a
holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill holding double jeopardy did not prohibit capital prosecution of defendant who pled guilty to seconddegree murder and agreed to testify against codefendants but violated plea agreement by refusing to testify at retrial and state properly sought new indictment for capital murder resulting in death sentence imposed at trial for firstdegree murder holding whether a juror could assess life imprisonment in a specific fact scenario constituting capital murder was an improper commitment to facts holding that sentence was erroneous but not void where sentence of life imprisonment without parole was imposed for first degree murder under unconstitutional penalty statute holding that whether amendment to capital felonymurder information to add the charge of premeditated and deliberate murder was improper turned on whether there was prejudice or surprise