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  5. 755 S.W.2d 161 (1988)
 

EX PARTE MATHES

No. 09-87-140 CR.

755 S.W.2d 161 (1988)

Ex parte Thomas Smith MATHES, III.

Court of Appeals of Texas, Beaumont.

Discretionary Review Granted October 5, 1988.

Attorney(s) appearing for the Case

William E. Hall, Jr., Conroe, for appellant.

Peter Speers, III, Dist. Atty. and Thomas D. Glenn, Asst. Dist. Atty., Conroe, for appellee.

OPINION

BURGESS, Justice.

Relator was charged by separate indictments with the capital murders of two individuals. Both the murders arose during the same robbery. In 1986, relator was found guilty of the capital murder of the first victim. During the punishment phase, the jury answered "no" to the special issue: "Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society....

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