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GARCIA v. STATE

No. 1283-86.

768 S.W.2d 726 (1987)

Enrique "El Red" GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 12, 1989.

Attorney(s) appearing for the Case

Oscar J. Pena, Jr., Laredo, for appellant.

Julio A. Garcia, Dist. Atty. & Jose A. Flores, Jr., Asst. Dist. Atty., Laredo, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was indicted for capital murder, V.T.C.A., Penal Code Sec. 19.03, in connection with an incident where the appellant allegedly fired a shotgun at two police officers. One officer (Serna) was killed, while the other officer, Ayala, was not hit. Appellant was tried for the capital murder of Officer Serna. A jury found the appellant guilty of voluntary manslaughter, and assessed his...

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