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MARTINEZ v. STATE

No. 250-88.

775 S.W.2d 645 (1989)

Michael E. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 28, 1989.

Attorney(s) appearing for the Case

David R. Weiner (court appointed on appeal only), San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty. and Mario Bordini and Edward F. Shaughnessy, III, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

BERCHELMANN, Judge.

Upon trial by jury, appellant was found guilty of murder. Tex.Penal Code Ann. § 19.02. The trial court assessed punishment at sixteen years confinement in the Texas Department of Corrections. On direct appeal, appellant raised one point of error challenging the trial court's failure to include in the court's charge an instruction on the law of deadly force in defense of person...

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