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De La ROSA v. STATE OF TEX.

No. 84-1362.

743 F.2d 299 (1984)

Jesse De La ROSA, Petitioner-Appellant, v. STATE OF TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 27, 1984.

Attorney(s) appearing for the Case

Ronald P. Guyer, San Antonio, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Enforcement Div., Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

REAVLEY, Circuit Judge:

A Texas jury found Jesse De La Rosa guilty of committing capital murder in the course of a robbery and determined that he would probably "commit criminal acts of violence that would constitute a continuing threat to society." Tex.Code Crim.Proc. Ann. Art. 37.071 (Vernon 1981). The trial court then sentenced De La Rosa to death pursuant to article 37.071(e). After a hearing, the trial court denied a motion for new trial. The Texas Court of Criminal...

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