OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
W.C. DAVIS, Judge.
Appellant was convicted of capital murder. Upon the jury's negative finding on special issue # 1, see Art. 37.071, V.A.C. C.P., Sec. (b)(1), the court assessed punishment at confinement for life. Art. 37.071, V.A.C.C.P., Sec. (e).
The conviction was affirmed by the court of appeals, Lalande v. State,
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