GALLEGOS v. STATE

No. 04-85-00075-CR.

715 S.W.2d 139 (1986)

Robert GALLEGOS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

July 23, 1986.


Attorney(s) appearing for the Case

H. Paul Canales, Miles H. Appleberry, San Antonio, for appellant.

Edward Shaughnessy, III, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Before BUTTS, CANTU and TIJERINA, JJ.


OPINION

BUTTS, Justice.

This is an appeal from a conviction for murder. TEX. PENAL CODE ANN. § 19.02(a)(3) (Vernon 1974). Appellant was charged with capital murder, TEX. PENAL CODE ANN. § 19.03(a)(2) (Vernon 1974), and found guilty of the included offense of murder. The jury assessed punishment at sixty years' imprisonment.

The evidence shows that on Friday, July 27, 1984, between 10:30 and 11:00 p.m., appellant and his companions, Thomas...

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