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FELDER v. STATE

No. 69731.

758 S.W.2d 760 (1988)

Sammie FELDER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied October 19, 1988.

Attorney(s) appearing for the Case

Wayne T. Hill, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., William J. Delmore, III and Brian Rains, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for capital murder, V.T.C.A., Penal Code Sec. 19.03(a)(2). Following affirmative findings by the jury to special issues numbers one and two submitted pursuant to Article 37.-071(b)(1) and (2), V.A.C.C.P., the court, in accordance with the law, assessed punishment at death.

At appellant's first trial in 1976, appellant was also convicted of capital murder, and his punishment was...

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