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SUTTON v. STATE

No. 11-81-152-CR.

644 S.W.2d 506 (1982)

Johnnie Darlene SUTTON, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Discretionary Review Refused December 15, 1982.

Attorney(s) appearing for the Case

Darrell E. Haynes, Robert Reich, Attys. at Law, Brownwood, William G. Shaw, Atty. at Law, Brownwood, for appellant.

Stephen Ellis, Dist. Atty., Brownwood, for appellee.

DICKENSON, Justice.

The controlling issue is whether a person of less than average intelligence was able to "knowingly, intelligently, and voluntarily" waive the rights which are guaranteed by Tex.Code Crim.Pro.Ann. art. 38.22, sec. 2 (Vernon 1979).1

Johnnie Darlene Sutton was found guilty of murder2 after the jury was permitted to consider her written confession. The jury assessed her punishment at...

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