have capital murder. and as you know, christie, that makes it eligible for the death penalty. in texas they certainly do impose the death penalty more than any state in the country. 528 people killed in texas via execution in the last 33 years. >> let's talk about his criminal history. resisting arrest, trespassing, evading detention, disorderly conduct with a firearm. how does that play into this? >> great question. it may or may not play and here's why. in the event that a defendant te testifies, your prior conduct and prior criminal record -- what the prostitution in the event that a defendant testifies, can be probative to the issues. you want a jury to evaluate