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GRAHAM v. STATE

Nos. 66184, 66185.

657 S.W.2d 99 (1983)

Darrell Glenn GRAHAM, Appellant, v. The STATE of Texas, Appellee. Larry Glynn UTECHT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied October 12, 1983.

Attorney(s) appearing for the Case

J. Michael Coman, Pasadena, for appellant.

John B. Holmes, Jr., Dist. Atty., James C. Brough and Paul Coselli, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

These are appeals from convictions for criminally negligent homicide. The jury assessed punishment for appellant Graham is a $2,000.00 fine and 270 days in jail; the punishment for appellant Utecht is a $2,000.00 fine and 180 days in jail.

The evidence established that on December 16, 1977, in the early evening, two young couples left Liberty to drive to Pasadena to see an Elvis impersonator at the Cactus Club. Lloyd Gay drove...

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