Albright's attorney appealed the case, based on a lack of evidence against him for the murder conviction.  He also said that the trial court erred in not conducting a separate hearing on punishment.  In 1994, the Texas Court of Appeals, Fifth District, published an opinion in which they dismissed Albright's first point of error, said that the appellant had provided nothing for review on the second issue, and they overruled the third point of error, because the issue had not