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DuBOSE v. STATE

No. 09-96-204 CR.

977 S.W.2d 877 (1998)

Milton Paul DuBOSE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided November 4, 1998.

Attorney(s) appearing for the Case

George E. Renneberg, Law Offices of William E. Hall, Jr., Conroe, for appellant.

Michael A. McDougal, Dist. Atty., Conroe, for state.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

WALKER, Chief Justice.

A jury convicted Milton Paul DuBose of murder. DuBose waived jury trial on punishment. The trial court assessed punishment at confinement in the Texas Department of Criminal Justice, Institutional Division, for 85 years. Six points of error are presented for appellate review.

Point of error one urges, "The trial court reversibly erred by taking into consideration, at the punishment phase of Appellant's trial, portions...

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