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GRIJALVA v. STATE

No. 65174.

614 S.W.2d 420 (1980)

David GRIJALVA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 29, 1981.

Attorney(s) appearing for the Case

E. Dean Roper, Kenneth A. Back, Amarillo, for appellant.

Thomas Curtis, Dist. Atty., Steve Schiwetz, Carol Habern, Richard A. Keffler, Jr. and William R. Bowden, Jr., Asst. Dist. Attys., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder. After the punishment issues submitted under Art. 37.071, V.A.C. C.P., were answered affirmatively, the death penalty was assessed.

In his third ground of error appellant raises an issue that requires reversal under the recent Supreme Court decision in Adams v. Texas, 581 U.S. ____, 100 S.Ct. 2521, 65 L.Ed.2d ___ (1980)...

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