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OCHOA v. STATE

No. 55669.

573 S.W.2d 796 (1978)

Felix Garcia OCHOA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Motion for Rehearing Denied December 13, 1978.

Attorney(s) appearing for the Case

Hector F. Fabela and Joseph D. Martinec, Austin, for appellant.

Wiley L. Cheatham, Dist. Atty., Cuero, for the State.

Before the Court en banc.

State's Motion for Rehearing En Banc Denied December 13, 1978.

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for the offense of capital murder. Appellant was convicted for the murder of a Yorktown police officer, who was acting in his capacity as a peace officer at the time appellant shot him. On October 18, 1976, the jury answered "Yes" to the special issues submitted under Article 37.071, Vernon's Ann.C.C.P., and the punishment...

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