Full opinion text
OPINION PER CURIAM. ■ Appellant was convicted of capital murder. Tex.Penal Code Ann. § 19.03(a)(2). The jury affirmatively answered the statutory punishment issues and the trial judge sentenced appellant to death. Tex.Code Crim.Proe. Ann. arts. 37.071, § 2(b) and (e). Appeal to this Court is automatic. Id. at (h). Appellant raises seventy points of error, including challenges to the sufficiency of the' evidence at both the guilt/innocence and the punishment stages of trial. However, because we sustain point of error forty-two, we address only this point of error as well as appellant’s challenges to the sufficiency of the evidence. I. SUFFICIENCY OF THE EVIDENCE AT GUILT/INNOCENCE The evidence at trial established that on December 9, 1990, appellant and his co-defendant, Christopher Vargas, entered a liquor store in Plano. Appellant was armed with a single shot, twenty gauge, sawed-off shotgun and carried extra ammunition. Appellant ordered the store clerk to retrieve the money from the cash register while Vargas took beer to their car. Appellant ordered the clerk into a small room and on his knees. Appellant then shot the clerk in the abdomen. The clerk managed to get to his feet, threw a chair at appellant and escaped, running around the building and over a fence. Appellant reloaded, pursued the clerk, and shot him in the back of the head. By the time authorities arrived at the scene, appellant and Vargas had departed. The clerk later died from his shotgun wounds. Approximately one month later, appellant, his common law wife, and Vargas parked at the gas pumps of a convenience store in Plano. While appellant’s wife pumped gas, appellant and Vargas entered the store with the same shotgun used at the liquor store. The clerk, who was talking on the telephone with his girlfriend, asked her to call the police.. The clerk was taken to a back room, placed on his knees and shot in the back of the head. While appellant contends Vargas shot the clerk, the State presented fingerprint evidence which indicated Vargas again carried beer to the car while appellant shot the clerk.' Appellant and Vargas were arrested at the convenience store. The instant prosecution is for the liquor store murder. Appellant executed a written statement concerning this offense, which, in part, provides: CHRIS VARGAS & I ROBBED A LIQUOR STORE & I KILLED THE CLERK. THE LIQUOR STORE WAS BEHIND A 7-11 STORE AT PLANO PKWY & AVE K. ⅜ ⅜ ⅜ ⅜ ⅜ ⅜ WE WAITED IN THE LIQUOR STORE PARKING LOT UNTIL THE CUSTOMERS ALL LEFT. BOTH CHRIS & I WENT INTO THE LIQUOR STORE & I PULLED A 20 GA. SAWED-OFF SHOTGUN ON THE CLERK. I HAD THE CLERK GIVE ME THE MONEY OUT OF THE CASH REGISTER.... I SHOT THE CLERK WITH THE SHOTGUN. THE CLERK STARTED COMING AT ME & THREW A CHAIR AT ME & THEN HE RAN OUTSIDE. I LOADED THE SHOTGUN & SHOT THE CLERK AGAIN OUTSIDE THE STORE. THE CLERK HAD JUMPED OVER A FENCE & WAS IN SOME GRASS WHEN I SHOT HIM THE 2ND TIME. At trial, Bobby Flores testified he was at Vargas’ house on the night of the liquor store murder. Flores testified appellant and Vargas left the house and returned with beer and a lot of money. When appellant was asked where the beer and money came from, appellant stated he went into a store, asked the clerk for the money, took the beer, shot the clerk and left. In point of error number sixty-eight, appellant contends the evidence is insufficient to show he committed, or attempted to commit a robbery. To review the sufficiency of the evidence, we consider all of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); and, Dunn v. State, 721 S.W.2d 825, 327 (Tex.Cr.App.1986). Even evidence erroneously admitted is properly considered in a sufficiency review. Johnson v. State, 871 S.W.2d 183, 186 (Tex.Cr.App.1993). Therefore, we hold, after considering appellant’s written statement and the other evidence presented, a rational trier of fact could have found appellant committed, or attempted to commit, robbery. Point of error number sixty-eight is overruled. II. THE WRITTEN STATEMENT A. In point of error forty-two appellant contends the trial judge erred in admitting his written statement concerning the liquor store murder. Specifically, appellant contends the written statement did not comply with Tex. Code Crim.Proc.Ann. art. 38.22, § 2(b). Art. 38.22, § 2, provides: See. 2. No written statement made by an accused as a result of custodial interrogation is admissible as evidence against him in any criminal proceeding unless it is shown on the face of the statement that: (a) the accused, prior to making the statement ... received from the person to whom the statement is made a warning that: (1) he has the right to remain silent and not make any statement at all and that any statement he makes may be used against him at his trial; (2) any statement he makes may be used as evidence against him in court; (3) he has the right to have a lawyer present to advise him prior to and during any questioning; (4) if he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning; and (5) he has the right to terminate the interview at any time; and (b) the accused, prior to and during the making of the statement, knowingly, intelligently, and voluntarily waived the rights set out in the warning prescribed by Subsection (a) of this section. Id. (Emphasis added.) The face of the form upon which appellant’s written statement appears contained the following language: I have been duly warned and advised by [the Detective], a person who has identified himself as an officer of the Plano Police Department, that: (1) I have the right to remain silent and not make any statement at all and any statement I make will be used against me at my trial; (2) Any statement I make will be used as evidence against me in court; (3) I have the right to have a lawyer present to advise me prior to and during questioning; (4) If I am unable to employ a lawyer, I have the right to have a lawyer appointed (without cost to me) to advise me prior to and during my questioning; and (4) [sic] I have the right to terminate the interview at any time. I have read each page of this statement consisting of [# omitted] page(s), each page of which bears my signature, and corrections, if any bear my initials, and I certify that the facts contained herein are true and correct. I further certify that I have made no request for the advice or presence of a lawyer before or during any part of this statement, nor at any time before it was finished did I request that this statement be stopped. I also declare that I was not told or prompted what to say in this statement. [Time, date and signature lines omitted.] Clearly, this form contained the warnings required by art. 38.22, § 2(a). However, appellant contends the statement was inadmissible under art. 38.22, § 2(b) because it did not show, on its face, the waiver of each of the rights contained within the art. 38.22, § 2(a) warnings. We agree. Under art. 38.22, § 2(b) the written statement must show on its face the knowing, intelligent and voluntary waiver of each of the rights of art. 38.22, § 2(a). Art. 38.22, § 2(b) is clear and unambiguous, and “the Legislature is constitutionally entitled to expect that [we] will faithfully follow the specific text that was adopted.” Boykin v. State, 818 S.W.2d 782, 785 (Tex.Cr.App.1991). The State contends appellant’s waiver of his rights was demonstrated when he initialed each warning on the statement. The State’s contention is supported by the trial judge’s findings of fact when he overruled appellant’s motion to suppress the statement. While we ordinarily will not disturb factual determinations made by the trial judge, White v. State, 779 S.W.2d 809 (Tex.Cr.App.1989), we hold the trial judge’s findings in the instant case are not supported by the record. The trial judge’s findings can not change what is readily apparent (or more appropriately, lacking) from the face of written statement. We hold that appellant, by initialing each warning reflected on the written statement form, did not affirmatively waive the rights contained within the warnings. At best, appellant’s initials only indicated he read and understood those warnings. The detective who interrogated appellant testified he “had [appellant] read those rights” and then told him “if he understood them I wanted him to initial them, which he did.” (Emphasis added.) The State next contends the final paragraph on the written statement form can be interpreted as a waiver. The State concedes the final paragraph does not contain the word “waiver” and does not address all of the rights enumerated in art. 38.22, § 2(a). But, citing Penry v. State, 691 S.W.2d 636 (Tex.Cr.App.1985), and Hardesty v. State, 667 S.W.2d 130 (Tex.Cr.App.1984), the State contends the final paragraph is in substantial compliance with art. 38.22, § 2(b). The State’s reliance on Penry and Hardesty is misplaced. In each case we considered the admissibility of a written statement which provided on its face all the art. 38.22, § 2(a) warnings, only not in the exact statutory language. Noting that all the warnings required by art. 38.22, § 2(a) appeared on the face of the statement, and that the language conveyed the exact meaning of the statute, we held the written statements substantially complied with art. 38.22, § 2(a). Penry, 691 S.W.2d at 643; and, Hardesty, 667 S.W.2d at 135. We considered such a situation to be “technical non-compliance with the statute.” Eddlemon v. State, 591 S.W.2d 847, 850 (Tex.Cr.App.1979) (citing Bubany, The Texas Confession Statute: Some New Wine in the Same Old Bottle, 10 Tex.Tech.L.Rev. 67, 73 (1978)). We have never addressed whether substantial compliance will satisfy art. 38.22, § 2(b). And we need not address the issue today. The final paragraph on the instant statement is not an express waiver of the rights reflected on the form and the language does not convey the knowing, intelligent waiver required by the statute. Further, the final paragraph does not address each of the rights required to be waived under art. 38.22, § 2(b). The instant written statement is clearly more than “technical non-compliance with the statute.” The plain language of art. 38.22, § 2(b), as drafted by the Legislature, requires that, before a written statement of an accused may be admissible, the statement itself, on its face, must show the defendant received the statutory warnings set out in art. 38.22, § 2(a) and, that he knowingly, intelligently, and voluntarily waived those rights. Tex. Code Crim.Proc.Ann. art. 38.22, § 2(b). This is a mandatory requirement enacted by our Legislature to address the defendant’s Fifth and Sixth Amendment protections recognized by the Supreme Court of the United States. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); and, Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). Given that there is no waiver on the face of the documents, we hold the State failed to comply with art. 38.22, § 2(b) and the trial judge erred in admitting the written statement. B. Having determined the trial judge erred in admitting appellant’s written statement, we must determine whether the error was harmless. The harmless error rule, codified at Tex.R.App.P. 81(b)(2), requires reversal unless the appellate court determines “beyond a reasonable doubt that the error made no contribution to the conviction or to the punishment.” Id. In Harris v. State, 790 S.W.2d 568 (Tex.Cr.App.1989), we noted the appellate court should not focus on the propriety of the outcome of the trial. Instead, the appellate court should be concerned with the integrity of the process leading to the conviction and punishment. Consequently, the appellate court should consider the following six factors when conducting a harm analysis: 1. The source of the error; 2. The nature of the error; 3. Whether or to what extent it was emphasized by the State; 4. Its probable implications; 5. How much weight a juror would probably place upon the error; and, 6. Whether declaring the error harmless would encourage the State to repeat it with impunity. Id., 790 S.W.2d at 587. We will address each factor seriatim. The Plano Police Department and the prosecutors are clearly the sources of the error. The record demonstrates that written statement forms complying with art. 38.22, § 2(b) were available but not used. The nature of the error was to deprive appellant of the statutory rights afforded by art. 38.22, § 2(a) and to ignore the Legislative protections of art. 38.22, § 2(b) to ensure voluntary statements. Further, more than half of the State’s argument was consumed by direct references to appellant’s written statement, or details provided by the statement. Clearly, the statement was emphasized by the State. We next consider the probable collateral implications of this error and the probable weight a juror would place upon the statement. As previously noted, the written statement established each element necessary to convict appellant of capital murder. See, Tex.Penal Code Aim. § 19.03(a)(2). The statement indicates both appellant and Vargas robbed a liquor store in Collin County; that appellant carried a sawed-off shotgun; that appellant shot the clerk; and, when the clerk ran, appellant pursued him, reloaded, and shot the clerk again. Further, the statement provided some corroboration for Flores’ testimony; testimony which was impeached and undermined on cross-examination. Clearly, under these circumstances, it is very probable the jury relied upon appellant’s written statement in their deliberations and verdict. Finally, we must consider whether declaring the error harmless would encourage the State to repeat it with impunity. In our consideration of this factor, we note that the record also contains an unsigned type-written statement prepared for appellant. This statement is virtually identical to the statement signed by appellant which is the subject of this point of error. The unsigned statement contains an express waiver of the rights set forth in Tex.Code Crim.Proc.Ann. art. 88.22, § 2(a). The record does not state how the unsigned statement came to be prepared, whether appellant was given the opportunity to sign it, or why it was not signed by appellant. However, this unsigned statement was not admitted into evidence. This unsigned statement makes it clear that the Plano Police Department was aware of the requirement in art. 38.22, § 2(b) that any statement, on its face, demonstrate the “accused, prior to and during the making of the statement, knowingly, intelligently, and voluntarily waived” the rights set forth in art. 38.22, § 2(a). Furthermore, through appellant’s motion to suppress the signed written statement and his objections at trial, the prosecutor and the trial judge were well aware of the deficiencies present on the face of appellant’s written statement. Ignoring the deficiencies, the prosecutor offered, and the trial judge admitted, appellant’s signed written statement. Consequently, we believe declaring the error harmless would encourage the State to repeat the error with impunity. After considering the Harris factors, we cannot determine beyond a reasonable doubt the admission of the statement made no contribution appellant’s conviction or punishment. See, Higginbotham v. State, 807 S.W.2d 732, 738 (Tex.Cr.App.1991). Point of error forty-two is sustained. III. SUFFICIENCY OF THE EVIDENCE AT PUNISHMENT Because appellant may be retried for the instant offense, and the State may again seek the death penalty, we must address points of error sixty-nine and seventy wherein appellant contends the evidence is insufficient to support the jury’s affirmative answers to the statutory punishment issues. See, Wilson v. State, 863 S.W.2d 59, 67 (Tex.Cr.App.1993); Jenkins v. State, 912 S.W.2d 793 (Tex.Cr.App.1993); Felder v. State, 758 S.W.2d 760, 770 (Tex.Cr.App.1988); and, Tex.Code Crim.Proc.Ann. art. 37.071, § 2(b). Again, when reviewing the sufficiency of the evidence, we consider all of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have affirmatively answered, beyond a reasonable doubt, the statutory punishment issues. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). We consider the evidence adduced at both phases of the trial because the jury may rely upon all of the evidence before it. Santana v. State, 714 S.W.2d 1, 8 (Tex.Cr.App.1986). Finally, our review will include evidence erroneously admitted, such as appellant’s written statement, so long as that evidence was before the jury at the time of their deliberation. Johnson v. State, 871 S.W.2d 183, 186 (Tex.Cr.App.1993). In point of error sixty-nine appellant contends the evidence is insufficient to prove his conduct in murdering the clerk was deliberate and with the reasonable expectation that death would result. Art. 37.071, § 2(b)(2). Reviewing the evidence in the light most favorable to the jury’s verdict, we find ample support for the jury’s affirmative finding. By appellant’s own admission, he and Vargas waited at the liquor store until there were no customers. Appellant carried a sawed-off shotgun and additional ammunition. This evidence indicates appellant planned and prepared to use deadly force. After retrieving money from the cash register, appellant ordered the clerk to a back room on his knees, and appellant shot the clerk in the chest. When the clerk thereafter managed to escape, appellant reloaded his weapon, pursued the clerk, and shot him in the back of the head. Finally, appellant told Bobby Flores he killed the clerk to avoid later identification. We find that a rational juror could have affirmatively answered this statutory punishment issue. Wilson, 863 S.W.2d at 67. Point of error number sixty-nine is overruled. In point of error seventy, appellant contends the evidence is insufficient to support the jury’s affirmative answer to the second statutory punishment issue; that there was no probability appellant would commit criminal acts of violence that would constitute a continuing threat to society. Tex.Code Crim.Proc.Ann. art. 37.071, § 2(b)(1). In Keeton v. State, 724 S.W.2d 58 (Tex.Cr.App.1987), we set forth a non-exclusive list of factors we consider when we review the sufficiency of the evidence with relation to this punishment issue: 1. the circumstances of the capital offense, including the defendant’s state of mind and whether he was working alone or with other parties; 2. the calculated nature of the defendant’s acts; 3. the forethought and deliberateness exhibited by the crime’s execution; 4. the existence of a prior criminal record, and the severity of the prior crimes; 5. the defendant’s age and personal circumstances at the time of the offense; 6. whether the defendant was acting under duress or the domination of another at the time of the commission of the offense; 7. psychiatric evidence; and, 8. character evidence. Id., 724 S.W.2d at 61. The circumstances of the offense and the use of a sawed-off shot gun demonstrate appellant’s propensity toward violence. While appellant did not act alone, the evidence does not support a determination that he was under the domination of his co-defendant. If anything, the evidence indicates just the opposite. We find appellant’s actions to be deliberate and calculated. Appellant was eighteen years of age at the time of the instant offense. The State presented evidence that appellant committed several burglaries as a juvenile and was a disciplinary problem in school. Evidence was also presented that appellant created problems in jail while awaiting trial. Although the evidence conflicted as to whether or not appellant was intoxicated at the time of the instant offense, appellant had a history of alcohol abuse. Both sides presented psychiatric evidence regarding the probability that appellant would commit criminal acts of violence in the future. As expected, this evidence is conflicting. Finally, and perhaps most importantly, appellant committed another capital murder within a month of his commission of the instant offense. When we consider this evidence with relation to the Keeton factors, we find the jury’s affirmative answer to the second punishment issue is supported by: the circumstances of the offense; the calculated and deliberate nature in which appellant acted; psychiatric evidence presented by the State; appellant’s prior criminal record; his commission of capital murder subsequent to the instant offense; and, the lack of evidence that appellant was under duress or domination of another. We find the following Keeton factors militate against an affirmative answer to the second punishment issue: appellant’s age; his co-defendant’s participation in the instant offense; and, appellant’s history of alcohol abuse. Considering all the evidence, we conclude a reasonable juror could have found a probability that appellant would commit criminal acts of violence that would constitute a continuing threat to society. Point of error number seventy is overruled. IV. Because Tex.Code Crim.Proc.Ann. art. 38.22, § 2(b) requires that no written statement made by the defendant be admitted into evidence unless, on its face, the statement contains a knowing, intelligent, and voluntary waiver of the rights set forth in art. 38.22, § 2(a), we sustain appellant’s point of error forty-two. Unable to determine beyond a reasonable doubt that this error made no contribution to appellant’s conviction or punishment, Tex.R.App.P. 81(b)(2), we are constrained to reverse this judgment and remand this case to the trial court. CLINTON, J., concurs in the result. McCORMICK, P.J., and CAMPBELL, WHITE and MEYERS, JJ., dissent. . The only exception to this rule occurs when the plain language of the statute will lead to an absurd result. Boykin, 818 S.W.2d at 785. . The State espouses two other arguments for the allowance of the confessions. In the first, it claims that the confessions were properly admitted under Tex.R.Crim.Evid. 1004 as evidence of a lost recording since the audio of the videotapes was questionable. However, this rule pertains to lost recordings, not those that are simply badly made. Further, upon reviewing the videotapes (which were not introduced at trial) we noted them to be reasonably audible. The State’s second argument is that the confessions should have been allowed under Tex.Code Crim.Proc.Ann. art. 38.22, § 3(c). However, the State’s argument is without merit because the State sought to admit the instant statement as a written statement under art. 38.22(2)(b). Art. 38.22 § 3(c) addresses only the admissibility of an oral or sign language statement. . Flores’ testimony was similar to appellant’s statement. However, Flores did not testify until after appellant’s written statement was before the jury. Indeed, three police officers and one jailer testified between the admission of appellant’s statement and Flores. Flores’ testimony .indicated he was at Vargas’ house the evening of December 9, 1990. He stated he drank at least two beers before appellant and Vargas left “to go sell ... something” to buy more beer. Upon their return, they were in possession of beer and a lot of money. When Flores asked where the beer and money came from, appellant stated he went into a store, while Vargas waited in the car, asked the clerk for the money, took the beer, shot the clerk and left. On cross-examination, Flores admitted he did not remember the exact words appellant or Vargas used. Flores could not identify which liquor store appellant robbed and did not state whether the liquor store was in Collin County. Flores admitted he was twice convicted of burglary, in September 1989 and January 1990. Further, Flores admitted the State initially sought to revoke his probation because he had committed additional crimes, but later agreed to extend his probationary period. There were several additional criminal charges pending against Flores at the time of the instant trial, some filed the week he testified. . We pause to note that such an unsigned statement does not comply with Tex.Code Crim.Proc. Ann. art. 38.22, § 1. . While appellant claims that he shot in a panic after a woman walked into the store and witnessed what was happening, his subsequent actions belie this statement. . The jury was free to accept or reject any or all of the evidence because the credibility of that evidence was solely within their domain. Havard v. State, 800 S.W.2d 195, 216 (Tex.Cr.App.1989).
MOTION FOR REHEARING MANSFIELD, Judge. Gustavo Julian Garcia, appellant, was convicted of capital murder — murder intentionally committed in the course of committing or attempting to commit robbery — under Texas Penal Code § 19.03(a)(2) (1990). The jury answered the “deliberateness” and “future dangerousness” special issues (special issues one and two) under Texas Code of Criminal Procedure art. 37.071(b) (1990) in the affirmative and the third special issue (mitigation) in the negative, and punishment was assessed at death in accordance with Texas Code of Criminal Procedure art. 37.071(e) (1990). Automatic appeal was made to this Court which, on December 21, 1994, reversed the judgment of the trial court and remanded the cause for a new trial. The State’s motion for rehearing was granted on February 8, 1995. We now affirm' the judgment of the trial court and will proceed to address appellant’s seventy points of error. Statement of Facts The evidence at trial established that on December 9, 1990 appellant and Christopher Vargas entered a liquor store, Beverage Warehouse, in the city of Plano. Appellant was armed with a single shot .20 gauge sawed-off shotgun and had additional shells in his possession. Appellant ordered the clerk, Craig Turski, to give him the money from the cash register. At the same time, Vargas took beer from the store and put it in their car. A female customer walked in the store, saw appellant, and immediately left. Appellant shot Turski at close range in the abdomen. Turski fled outside the store, pursued by appellant. Appellant then reloaded the shotgun and shot Turski in the back of the head. The female customer, Donna De-lozier Sawtelle, subsequently returned to the store with her husband. Finding the store deserted, they called the police. Turski was found and was transported to the hospital, where he later died from gunshot wounds. On January 5, 1991 at about 12:30 a.m., Vargas, appellant and appellant’s girlfriend (Sheila Phanae Loe) stopped at a Texaco station in Plano. While Loe pumped gas, appellant and Vargas entered the station with the same .20 gauge shotgun used to kill Turski. The clerk, Gregory Martin, was on the phone with his girlfriend. As he saw them enter, he informed her he thought he was about to be robbed and asked her to call the police. Martin was taken into a back room and shot at point blank range in the back of the head. He died at the scene. Appellant claimed Vargas shot Martin. Evidence introduced at trial, however, indicated Vargas was carrying beer to their car (as he did in the earlier robbery) while appellant shot the clerk. In addition, the shotgun was found near the freezer in close proximity to appellant at the time of his capture. Two firearms experts testified at trial that the shotgun found at the scene of Martin’s murder was the same weapon used in Turski’s murder. Alerted by Martin’s girlfriend, the police arrived at the scene to find appellant, Vargas and Loe still present, Vargas was found, unarmed, standing over Martin’s body. He claimed to have just entered the store and found Martin lying there. Appellant was found hiding in the freezer area close to where the shotgun was found. Appellant was transported to the Plano Police Department. He was read his “Miranda” warnings repeatedly. He subsequently confessed, both orally and in writing, to the murders of both TursM and Martin. His confessions were videotaped, and a separate written confession was prepared for each offense. Appellant’s written statement regarding the Mlling of TursM in its entirety reads as follows: Det. Wilson is writing my statement. Approx. 3-4 weeks from today’s date, Chris Vargas & I robbed a liquor store & I killed the clerk. The liquor store was behind a 7-11 store at Plano Pkwy. & Ave. K. I was driving Sheila’s Chev. Monza. We waited in the liquor store parking lot until the customers all left. Both Chris & I pulled a 20 ga. sawed-off shotgun on the clerk. I had the clerk give me the money out of the cash register & it was about $500. Chris was grabbing up beer. Chris went outside to pull the car up to the front door. I had the clerk go into a little room next to the cash register & I had him get on his knees. A customer, a white woman walked in the store & saw me & she walked back out. I then panicked and I shot the clerk with the shotgun. The clerk started coming at me & threw a chair at me and then he ran outside. I loaded the shotgun & shot the clerk again outside the store. The clerk had jumped over the fence & was in some grass when I shot him the 2nd time. I then ran to the car & we drove off. I told Sheila my common-law wife about the robbery after we did it. End — G.G. The statement was completed at 9:05 a.m. on January 5, 1991. Each page is signed by appellant and two witnesses. The statement was taken by Det. David Wilson of the Plano Police Department. At the top of the first page of the statement appears the following: I, the undersigned Gustavo Julian Garcia, am 18 years of age, having been born on 9-27-72 at_I now live at 804 N. Tennessee, McKinney, Tx. I have been duly warned and advised by Det. David Wilson, a person who has identified himself as an office of the Plano Police Department, that: GG[ ] (1) I have the right to remain silent and not make any statement at all and any statement I make will be used against me at my trial. GG[] (2) Any statement I make will be used as evidence against me in court. GG[ ] (3) I have the right to have a lawyer present to advise me prior to an during questioning; GG[] (4) If I am unable to employ a lawyer, I have the right to have a lawyer appointed (without cost to me) to advise me prior to and during my questioning; and GG[ ] (4) [sic] I have the right to terminate the interview at any time. Before each of the numbered warnings appear the initials “G.G.” These warnings are repeated on each page of the statement and the initials “G.G.” appear before each part of the warnings. Finally, at the bottom of each page, immediately above appellant’s signature, appears the following: I have read each page of this statement consisting of 2 page(s), each page of which bears my signature, and corrections, if any bear my initials, and I certify that the facts contained herein are true and correct. I further certify that I have made no request for the advice or presence of a lawyer before or during any part of this statement, nor at any time before it was finished did I request that this statement be stopped. I also declare that I was not told or prompted what to say in this statement. At trial, an acquaintance of appellant, Bobby Flores, testified he was at Vargas’ house the night of the TursM murder. Flores testified that Vargas and appellant left the house and subsequently returned with beer and a lot of money. Flores asked appellant where he got the beer and money. Appellant in response stated he went into a store, took the beer and money, shot the clerk and left. Appellant’s Points of Error Appellant has raised seventy points of error, sixty-seven in his original brief and three in his first supplemental brief. On original submission, this court addressed and overruled appellant’s point of error number sixty-eight, in which he contends the evidence is insufficient to show Turski was killed during a robbery or attempted robbery as alleged in the indictment. This Court also addressed and overruled appellant’s points of error numbers sixty-nine and seventy in which he avers the evidence is insufficient to support the July’s affirmative answers as to the special issues. Tex.Code Crim.Proe. 37.071(b). Our disposition of points of error numbers sixty-eight, sixty-nine and seventy is not disputed by the parties on rehearing and need not be readdressed. This Court previously held that the trial judge erred in admitting appellant’s written statement as that statement was found to be not in compliance with Tex.Code Crim.Proe. art. 38.22, § 2(b). Specifically, we held that the statement failed to contain required language demonstrating that appellant knowingly, intelligently and voluntarily waived the rights described in Tex.Code Crim.Proe. 38.22, § 2(a) and which are delineated on each page of the statement. Furthermore, we held that the error was not harmless under Tex.Rule App.Proe. 81(b)(2). In reversing appellant’s conviction for the above reason the Court sustained appellant’s point of error number forty-two. Accordingly, we will address appellant’s point of error number forty-two and related points of error numbers forty-three through fifty-one first. I. Appellant’s Written Statement Substantially Complies with the Requirements of Art. 38.22, Sec. 2(b). In points of error numbers forty-two through fifty-one, appellant asserts appellant’s written confession did not meet the requirements of Texas Code of Criminal Procedure article 38.22, § 2(b), and its admission was thus erroneous. Appellant also asserts appellant’s written confession was taken in violation of his right to effective assistance of counsel under both the Texas and United States Constitutions, in violation of his right against self-incrimination under both constitutions and in violation of his due process rights under the United States Constitution. We will address these points of error collectively. Texas Code of Criminal Procedure article 38.22, § 2(a) and 2(b) in their entirety are as follows: See. 2. No written statement made by the accused as a result of custodial interrogation is admissible as evidence against him in any criminal proceeding unless it is shown on the face of the statement that: (a) the accused, prior to making the statement, either received from a magistrate the warning provided in Article 15.17 of this code or received from the person to whom the statement is made a warning that: (1) he has the right to remain silent and not make any statement at all and that any statement he makes may be used against him at his trial; (2) any statement he makes may be used as evidence against him in court; (3) he has the right to have a lawyer present to advise him prior to and during any questioning; (4) if he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning; and (5) he has the right to terminate the interview at any time; and (b) the accused, prior to and during the making of the statement, knowingly, intelligently and voluntarily waived the rights set out in the warning prescribed by Subsection (a) of this section. (Emphasis added.) Appellant’s voluntary written statement was admitted as State’s exhibit 3. At the top of each page appears the warnings required by § 2(a); the warnings mirror the statutory language almost identically except that it states any statement he makes will (instead of “may”) be used against him at trial. On each page, in boxes provided, the initials GG appear next to each part of the warnings. Finally, at the bottom of each page, in close proximity to appellant’s signature, appears additional language. Appellant contends, in effect, the written statement is not admissible because it does not meet the requirements of article 38.22, § 2(b). Alternatively, appellant contends the written statement is inadmissible because he was under hypnosis or was intoxicated or was induced to confess by promises of leniency made by the officer who took his statement. Clearly, the written statement contains the warnings required by Article 38.22, § 2(a). This Court, however, has never ruled what additional language, if any, is required to be included as part of a written statement in order to comply with Article 38.22, § 2(b). Unlike § 2(a), § 2(b) does not provide any guidelines as to language which might be included as part of a written statement that would constitute a knowing, intelligent and voluntary waiver by the individual of his § 2(a) rights. In Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App.1991), we held, “When we interpret statutes such as Art. 4476-15(b), Sec. 2(a)(1) we seek to effectuate the ‘collective’ intent or purpose of the legislators who enacted the legislation.... Thus, if the meaning of the statutory text, when read using the established canons of construction relating to such text, should have been plain to the legislators who voted on it, we ordinarily give effect to that plain meaning.... where application of a statute’s plain language would lead to absurd consequences that the Legislature could not possibly have intended, we should not apply the language literally.” Boykin, at 785, citing Camacho v. State, 765 S.W.2d 431 (Tex.Cr.App.1989); Smith v. State, 789 S.W.2d 590, 592 (Tex.Cr.App.1990) and Faulk v. State, 608 S.W.2d 625, 630 (Tex.Cr.App.1980). Boykin compels us, in the present case, to determine if the written statement complies with the Legislature’s intent expressed in § 2(b): did appellant knowingly, intelligently, and voluntarily waive his § 2(a) rights? First, appellant initialed, in the appropriate spaces on each page (a total of fifteen times) that he was informed as to his rights and it can be inferred that he understood each of his rights, the rights provided him under § 2(a). Second, appellant signed each page, his signature being adjacent to additional language which reinforces the inescapable conclusion that he knew and understood his § 2(a) rights. Third, prior to the making of his statement, appellant was informed as to his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). It is beyond dispute appellant received his Section 2(a) warnings, they being placed at the top of each page of his statement. The appearance of his initials before each of the five warnings is evidence that he received them and that he read and understood them; appellant does not contend otherwise. The additional language appearing next to appellant’s signature is evidence of reiteration that he understood his rights and knew what he was doing when he gave his statement. Furthermore, the additional language clearly is evidence of knowing, voluntary and intelligent waiver of his right to consult counsel before or during the giving of his statement (Sections 2(a)(3) and 2(a)(4)) and of his right to terminate the giving of his statement at any time (Section 2(a)(5)). Finally, the individual initialing of the paragraphs by appellant pertaining to his right to remain silent and to the likelihood that any statement he made would be used against him in court, when taken into context with the language at the bottom of each page next to his signature, is evidence that he knowingly, voluntarily and intelligently waived the protections afforded appellant by Sections 2(a)(1) and 2(a)(2). We agree that appellant’s statement, while sufficient to comply with Article 38.22, Section 2(b), is by no means a model of clarity on this point. The clearly preferable practice is for a written statement, to meet unambiguously the requirements of Section 2(b), to contain the following language, near or adjacent to the signature of the individual giving the statement: “I knowingly, voluntarily and intelligently waived the rights described above before and during the making of this statement.” See Penry v. State, 691 S.W.2d 636 (Tex.Crim.App.1985) and Cannon v. State, 691 S.W.2d 664, 674 (Tex.Crim.App.1985). We are persuaded, however, that, though a close call, appellant did, on the face of his voluntary statement, knowingly, voluntarily and intelligently waive his Section 2(a) rights in a manner sufficient to comply with the legislature’s intent when it enacted Section 2(b). The trial judge, following a hearing on appellant’s motion to suppress the written confession, concluded, in his findings of fact and conclusions of law, appellant evidenced his understanding of his rights and waiver thereof on the face of the statement by placing his initials by each of the warnings that appear on the face of his written confession. The court accordingly found appellant waived his rights under § 2(a). The court also found he orally waived his rights after being informed of his rights under Miranda, supra, and prior to giving his written statement. We have held that factual determinations made by the trial court at a hearing on a motion to suppress evidence shall not be disturbed on appeal if those findings are supported by the record. Urbano v. State, 837 S.W.2d 114 (Tex.Cr.App.1992); Johnson v. State, 803 S.W.2d 272 (Tex.CrApp.1990). See also Calloway v. State, 743 S.W.2d 645 (Tex.Cr.App.1988). We find no abuse of discretion by the trial court. Appellant makes the same arguments with respect to appellant’s confession to the murder of Gregory Martin (admitted at punishment); we find them unpersuasive for the reasons given above. Points of error numbers forty-two and forty-three are overruled. Appellant avers his confession was not voluntarily made because he was intoxicated or under hypnosis. The record does not support his claim he was intoxicated at the time he confessed. Furthermore, even if appellant was intoxicated at the time he confessed, this fact alone is not, in and of itself, sufficient to render his confession involuntary. Nichols v. State, 754 S.W.2d 185 (Tex.Cr.App.1988). At the hearing, the trial court found there was evidence appellant had been drinking prior to the time of his arrest and confession, but he was not intoxicated at the time of his arrest and confession. The court found he was not under the influence of alcohol to such an extent so as to render his confession involuntary. At a hearing to suppress evidence, the trial court is the sole judge of the weight and credibility of the evidence and the trial court’s finding may not be disturbed on appeal absent a clear abuse of discretion. Alvarado v. State, 853 S.W.2d 17, 23 (Tex.Cr.App.1993). Appellant never testified he was intoxicated when he confessed; the only evidence produced in support of appellant’s assertion is a medical screening form completed at the time of appellant’s arrest that he appeared to be under the influence of alcohol or drugs. Detective Wilson testified appellant did not appear to be intoxicated. Accordingly, the trial court did not abuse its discretion in finding appellant was not intoxicated so as to render his confession involuntary. Appellant’s claim he was under hypnosis at the time of his confession is based on testimony by Plano Police Department Detective Meeks that Detective Wilson (the officer who took appellant’s confession) is a trained hypnotist. Appellant does not however, produce evidence or expert testimony that he was under hypnosis at the time he confessed. Detective Wilson testified he did not hypnotize appellant. Appellant fails to show any coercive conduct on the part of the police and, absent such evidence, his confession cannot be said to have been taken in such a manner so as to violate his federal due process rights. Colorado v. Connelly, 479 U.S. 157, 164, 107 S.Ct. 515, 520, 93 L.Ed.2d 473 (1986); Alvarado, supra, at 19. The trial court did not abuse its discretion in conelud-mg appellant was not hypnotized at the time he gave his confession. Appellant also alleges his statement was involuntary as he was improperly induced to confess by promises of leniency made by the police. A promise made by a law enforcement officer may render a confession involuntary if it was positive, made or sanctioned by someone with apparent authority, was of some benefit to the defendant and was of such a character as would likely cause a person to speak untruthfully. Freeman v. State, 723 S.W.2d 727 (Tex.Cr.App.1986); Jacobs v. State, 787 S.W.2d 397 (Tex.Cr.App.1990). To determine if the promise of a benefit was likely to influence appellant to speak untruthfully, an appellate court must look to whether the circumstances of the promise made the defendant “inclined to admit a crime he didn’t commit.” Sossamm v. State, 816 S.W.2d 340, 345 (Tex.Cr.App.1991). During the hearing on the admissibility of appellant’s confession, Detective Wilson testified as to his conversations with appellant. Q. [Appellant’s Counsel] Is it a fair characterization that you told him that while you can’t make any promises, that if it’s like he’s telling it, that he didn’t pull the trigger, that Chris shot the clerk, that there’s a possibility that he wouldn’t be charged with capital murder, but he would be tried for aggravated robbery? A. [Detective Wilson] That’s what I said. (Vol. 12, p. 993.) Q. What did you say? A. I told him that if he knew anything about Chris [Vargas] any robberies, shootings and he talked to me about it, I’d do whatever I could to help him out. (Vol. 12, p. 1011.) Q. Did you tell him you’d talk to the D.A. and see what you could work out? A. I told him I’d talk to the D.A. (Vol. 12, p. 1011.) The videotape of the interview shows Detective Wilson, at least four times, said he would do what he could to help appellant if he gave information of Vargas’ involvement in other crimes. In Dykes v. State, 657 S.W.2d 796 (Tex.Cr.App.1983) we held that, where a police officer made a general statement he would help appellant if appellant cooperated with him, appellant’s confession was voluntary and not the result of a promise of leniency or a lighter sentence. In Sorola v. State, 674 S.W.2d 809 (Tex.App. — San Antonio 1984) the court held the mere fact that the police officer told appellant he would inform the district attorney as to his cooperation or lack of same was not a promise so as to render appellant’s confession inadmissible. Detective Wilson did not promise appellant he would not be charged with capital murder if Chris Vargas, not appellant pulled the trigger, only that it was a possibility. Detective Wilson did not make any specific promises — only that he would try to “help him out” or would “talk to the D.A.” — if appellant furnished him information on Vargas’ involvement in other crimes. The trial court found Detective Wilson’s statements were not made in the course of plea negotiations with appellant; nor was he promised anything or tricked into confessing against his will. The court found that Detective Wilson’s comments and questions were aimed at getting appellant to tell the truth. The record supports the trial court’s finding, and appellant fails to show any abuse of discretion. Factual determinations by the trial court made at a hearing on a motion to suppress evidence should not be disturbed on appeal if supported by the record. Alvarado, supra; Johnson, supra. Finally, appellant fails to brief separately his contentions that he is entitled to relief under both the Texas and the United States constitutions. Any point of error contending a violation of the Texas Constitution and not separately setting forth supporting arguments and authorities is inadequately briefed and will not be addressed. McCambridge v. State, 712 S.W.2d 499 (Tex.Cr.App.1986); Dinkins v. State, 894 S.W.2d 330, 350 (Tex.Cr.App.1995); Goodwin v. State, 799 S.W.2d 719, 723-725 (Tex.Cr.App.1990). Appellant’s points of error numbers forty-four through fifty-one are overruled. Appellant’s Remaining Points of Error In points of error numbers one through four, appellant contends the trial court erred in sustaining the State’s challenge for cause of venireperson Robert Phillips. During voir dire, Phillips expressed difficulty in answering the special issues affirmatively so as to subject appellant to the death penalty due to appellant’s youth. Appellant was eighteen years old when the offense was committed. Q. [Prosecutor] No, I understand. I understand. It’s an option. What I am saying is in the case of a youthful defendant in a robbery-murder, you will never answer those questions in a way that will lead to the imposition of the death sentence. Is that correct? A. [Phillips] Not the fourth one. Q. Fourth special issue, though, is always going to be yes in the case of a youthful defendant regardless of the facts? A. That’s right. Q. And I’m not quarreling with you, but are you essentially telling me that if you’re on this jury I don’t have a shot at the death penalty? A. That’s correct. Under Texas Code of Criminal Procedure, art. 35.16(b)(3), a challenge for cause may be made by the State for the following reason: “(3) that [the juror] has a bias or prejudice against any phase of the law upon which the State is entitled to rely for conviction or punishment.” In Hawkins v. State, 660 S.W.2d 65 (Tex.Cr.App.1983), we held that the trial court properly sustained the State’s challenge for cause to a venireperson who testified she would vote in such a manner so as to avoid the death penalty for the defendant regardless of the evidence which might be developed at trial. See also Staley v. State, 887 S.W.2d 885, 894 (Tex.Cr.App.1994); Riley v. State, 889 S.W.2d 290, 301 (Tex.Cr.App.1993); Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). In White v. State, 779 S.W.2d 809 (Tex.Cr.App.1989) we found the trial court ruled correctly in sustaining the State’s challenge for cause to a venireperson who could vote for the death penalty only for “premeditated” murders and to another venireperson who could not consider the entire range of punishment of the offense. We have held on several occasions that, “on appeal, we recognize that great deference must be given to the trial court judge who is in the best position to see and hear the prospective jurors and to evaluate their responses. We will reverse a trial court’s ruling on these issues only when the record shows a clear abuse of discretion on the trial court’s part.” Jacobs v. State, 787 S.W.2d 397, 402 (Tex.Cr.App.1990). See also Collins v. State, 780 S.W.2d 176, 194 (Tex.Cr.App.1986); Cantu v. State, 842 S.W.2d 667, 683 (Tex.Cr.App.1992); Butler v. State, 872 S.W.2d 227, 235 (Tex.Cr.App.1994); White, supra, at 822. The record shows venireperson Phillips testified he would never vote so as to impose the death penalty and therefore was properly subject to a challenge for cause by the State under Article 35.16(b)(3). A prospective juror who is unable to consider the full range of punishment may be challenged for cause under the standards established by Wainwright v. Witt, 469 U.S. 412,105 S.Ct. 844, 83 L.Ed.2d 841 (1985), and Morgan v. Illinois, supra. See also Martinez v. State, 588 S.W.2d 954 (Tex.Cr.App.1979); Fearance v. State, 771 S.W.2d 486 (Tex.Cr.App.1988). Appellant fails to show any abuse of discretion by the trial court. Points of errors numbers one through four are overruled. In points of error numbers five through seven, appellant claims the trial court erred in granting the State’s challenge for cause to venireperson Kieke and denied appellant ef-feetive assistance of counsel under the Sixth Amendment of the U.S. Constitution and Art. I § 10 of the Texas Constitution by denying him the opportunity to voir dire Kieke. During the voir dire of venireper-son Kieke, the State made four challenges for cause, three of which were overruled by the trial court. The State then asked Kieke a hypothetical question with respect to special issue three (provocation). The question was allowed over the objection of appellant. Kieke answered the question in the negative, essentially stating she could never find that the killing of a robbery victim by the robber was a reasonable reaction to something the victim might have done to provoke him. Kieke did not alter her response despite appellant’s attempts to rehabilitate her on this issue. The trial court then sustained the State’s challenge for cause. We have held on several occasions that Art. 35.16(b)(3) allows the State to challenge for cause a venireperson who indicates he or she is biased against the defendant. White, supra; Flores v. State, 871 S.W.2d 714, 719 (Tex.Cr.App.1993); Guerra v. State, 771 S.W.2d 453, 467 (Tex.Cr.App.1988). Kieke’s response clearly indicated that she could not find a murder committed during a robbery to be reasonable as a response to provocation, thus indicating a bias against appellant with respect to special issue three. The record supports the ruling of the trial court and appellant fails to show any abuse of discretion. See Jacobs, supra, at 402. Indeed, the entire record of voir dire of Kieke — some four hour’s worth — shows a vacillating veni-reperson and we will accord great deference to the decision of the trial court in such circumstances. Mooney v. State, 817 S.W.2d 693 (Tex.Cr.App.1991). Appellant fails to cite any authorities or make any substantive arguments with respect to either his federal or Texas constitutional claims of denial of effective assistance of counsel resulting from the trial court’s action concerning venireperson Kieke. Based on McCambridge, supra, Dinkins, supra, and Texas Rule of Appellate Procedure 74(f), we overrule these claims as inadequately briefed. Points of error numbers five, six and seven are overruled. Appellant avers in point of error number eight that the trial court erred in granting the State’s challenge for cause to venireperson Collins. Venireperson Collins stated in his jury questionnaire he did not believe in the death penalty. In response to questions from both the State and appellant’s counsel, Collins testified he would answer the special issues in such a way as to avoid imposition of the death penalty. Collins was properly subject to the State’s challenge for cause not because of his views on capital punishment but because he clearly stated he would answer the special issues so as to prevent its imposition. Wainwright v. Witt, supra; Staley, supra; Holland v. State, 761 S.W.2d 307 (Tex.Cr.App.1988); Smith v. State, 744 S.W.2d 86 (Tex.Cr.App.1987). Finding no abuse of discretion by the trial court, we overrule appellant’s point of error number eight. In point of error number nine, appellant contends the trial court erred in excusing for cause venireperson Gallo. The record indicates Gallo opposed the death penalty and testified his past experiences as an army general and combat veteran would prevent him from being a fair and impartial juror. Gallo indicated he could return a verdict of guilty “if they prove beyond a reasonable doubt, there ain’t no doubt in your mind that appellant committed the crime.” During voir dire, Gallo initially testified he could not answer the first three special issues in such a way as to result in imposition of the death penalty. Later, he indicated he could answer the special issues based on the facts. However, in response to a question asked by the court, Gallo stated he would answer special issue three in the affirmative as he would always find there to be sufficient mitigating evidence. Whereupon, the court granted the State’s challenge for cause. The record supports the trial judge’s finding that Gallo, due to his views on the death penalty, would be unable to follow the law with respect to the special issues. We have held that a trial court’s ruling on such matters should be reversed only when the record shows a clear abuse of discretion. Jacobs, supra, at 402; Davis v. State, 782 S.W.2d 211, 216 (Tex.Cr.App.1989); Briddle v. State, 742 S.W.2d 379 (Tex.Cr.App.1987), cert. denied 488 U.S. 986,109 S.Ct. 643, 102 L.Ed.2d 573 (1987). See also Wainwright v. Witt, supra; Holland, supra; Staley, supra. When viewed in its entirety Gallo’s testimony is sufficient to support the trial court’s decision to grant the State’s challenge for cause. Point of error number nine is overruled. Appellant avers, in point of error number ten, the trial court improperly excused for cause venireperson Wycoff. Wy-eoff testified that, due to his religious or personal beliefs against the death penally, he could not answer the special issues in such a way so as to allow imposition of the death penalty. He testified that he would always answer special issue three in the affirmative unless appellant testified he committed the murder or unless at least two eyewitnesses testified appellant committed the murder. We previously held, in White, supra, the trial court properly sustained the State’s challenge for cause of a prospective juror who stated she could not convict the defendant of capital murder absent eyewitness testimony. See also Caldwell v. State, 818 S.W.2d 790, 791, 792 (Tex.Cr.App.1991) and Barnard v. State, 730 S.W.2d 703 (Tex.Cr.App.1987). As our holding in White is clearly on point and appellant does not present compelling reasons for us to repudiate White, appellant’s point of error number ten is overruled. In point of error number eleven, appellant contends the trial court improperly conducted a general voir dire of fifteen prospective jurors separate and apart from the entire venire panel, on August 7, 1991. Appellant claims that this action by the trial court violated Texas Code of Criminal Procedure art. 35.17(2) and also resulted in appellant’s effectively being denied his right to request a shuffle of the jury. The record clearly shows that no voir dire actually occurred and the fifteen prospective jurors who were present had simply indicated previously they would not be able to attend the general voir dire on August 12, 1991. No questions concerning the ease, burden of proof, reasonable doubt, etc., were addressed to the prospective jurors by the court, the State or appellant. No questions were asked to determine why the fifteen could not be present at general voir dire. One of the fifteen actually served on the jury. As no voir dire as that term is contemplated under art. 35.17(2) actually took place on August 7, 1991 and appellant fails to show that he was harmed in any way by what did take place, appellant’s right to a shuffle under Texas Code of Criminal Procedure, art. 35.11 was not violated. Finally, the trial court did not err in failing to issue writs of attachment. Jackson v. State, 745 S.W.2d 4 (Tex.Cr.App.1988); Porter v. State, 623 S.W.2d 374 (Tex.Cr.App.1981). Appellant’s point of error number eleven is overruled. In points of error numbers twelve, thirteen and fourteen, appellant contends the trial court erred by conducting voir dire of small groups of venirepersons following the general voir dire of the entire panel and prior to individual voir dire. Appellant contends this action violated his due process rights under both the United States and Texas Constitutions. Article 35.17(2) of the Texas Code of Criminal Procedure provides: “In a capital case in which the State seeks the death penalty ... on demand of the State or defendant, either is entitled to examine each juror on voir dire individually and apart from the entire panel, and may further question the juror on the principles propounded by the court.” The record shows that, following general voir dire of the entire panel on August 12, 1991 the trial court commenced individual voir dire on September 9,1991. Initially, the court conducted voir dire in groups of eight venirepersons, following which it conducted one-on-one individual voir dire. Appellant’s objection to this procedure was overruled. Appellant fails to cite any authority to support his position that the trial