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CEVALLOS v. STATE

No. 01-81-0041-CR.

699 S.W.2d 334 (1985)

Joe Alfred CEVALLOS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 17, 1985.

Attorney(s) appearing for the Case

Don W. Rogers, Jr., Houston, for appellant.

Charles J. Sebesta, Jr., Washington County Dist. Atty., Caldwell, for appellee.

Before the court en banc.

OPINION

EVANS, Chief Justice.

The appellant was indicted for the murder of his 13-month-old son. A jury found the appellant guilty of the lesser-included offense of voluntary manslaughter and assessed his punishment at five years confinement.

On the original appeal from the trial court's judgment, this court reversed and remanded the cause, concluding that the charge to the jury contained fundamental error. Cevallos v. State,

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