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ESQUIVEL v. STATE

No. 62779.

595 S.W.2d 516 (1980)

Rudy Ramos ESQUIVEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 9, 1980.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr., court appointed on appeal, Houston, for appellant.

Carol S. Vance, Dist. Atty., Michael C. Kuhn, James A. Moseley and Edward A. Dodd, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(1). Punishment was assessed at death.

On June 8, 1978 Officers Timothy Hearn and Murry Jordan of the Houston Police Department Narcotics Division received information that appellant possessed heroin. After conducting surveillance the officers approached appellant and several companions. Jordan attempted to search appellant. Appellant...

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