The reason I wonder about merger is because Texas doesn’t have normal degrees of murder, like we have here (I don’t practice in Texas, either!) They have murder and then under 19.03 they have “capital murder” which occurs if “The defendant intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;”
So would the kidnapping then be subsumed into the capital murder? Or you’re saying you believe it remains a separate charge?