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CRUZ v. STATE

No. PD-0404-05.

225 S.W.3d 546 (2007)

David CRUZ, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 6, 2007.

Attorney(s) appearing for the Case

Bruce Ponder, El Paso, for appellant.

Tom A. Darnold, Asst. D.A., El Paso, Matthew Paul, State's Attorney, Austin, for state.

WOMACK, J., delivered the opinion for a unanimous Court.

The appellant was tried before an El Paso county jury for capital murder. During the State's closing argument, the following exchange occurred:

[The State]: They want to say first that it's self-defense. Well, in order to have self-defense, what has to happen is someone says, "Yeah, I committed this crime. I committed this murder. I did this and I intended to do this because I was in fear of my life...

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