"Attempted robbery has also resulted in as many cases ending in the death penalty sans trial."
No doubt, but that's not the question. I do not believe that attempted murder is a capital offense in Texas, or anywhere else. But, I could be wrong, which is why I asked for an example.
My bro's a lawyer and I just asked him via IM if any states allowed for the death penalty for attempted murder. He was careful to say some states may have statutes that he doesn't know about. (Typical CYA). He said the military does for sure, FWIW, but it has to have some aggravating factor (Rape, etc.).
Attempted murder doesn't fit the elements necessary for a death penalty sentence in Texas. As to the other post about murder under color of authority--it's not an auto death sentence.
Believe it or not there is no such thing as an automatic death sentence anymore in Texas.
'course there are still "sure things".