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APODACA v. STATE

No. 55586.

589 S.W.2d 696 (1979)

Richard APODACA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied December 5, 1979.

Attorney(s) appearing for the Case

Michael R. Gibson, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Douglas Gelo, Asst. Dist. Atty., El Paso, and Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and W. C. DAVIS, JJ.

Rehearing En Banc Denied December 5, 1979.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for voluntary manslaughter. Appellant was indicted for murder, but the jury found him guilty of the lesser offense, and assessed his punishment at fifteen years in the Texas Department of Corrections.

The record reflects that in January of 1976, appellant was riding with John Lewis in Lewis' car. Lewis was driving. They confronted the...

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