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GARCIA v. STATE

No. 67877.

626 S.W.2d 46 (1981)

Ernesto GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 20, 1982.

Attorney(s) appearing for the Case

Jerrold R. Davidson, Brownsville, for appellant.

Reynaldo S. Cantu, Jr., Dist. Atty., and Kirk Brush, Asst. Dist. Atty., Brownsville, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for capital murder in which the death penalty was assessed following the jury's affirmative answers to the first two special issues under Article 37.071, V.A.C.C.P.1 Appellant was indicted for murder while in the course of committing robbery. V.T.C.A., Penal Code, § 19.03(a)(2).

Appellant was jointly indicted and jointly tried with Antonio Barrientes...

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