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POWELL v. STATE

No. 67630.

767 S.W.2d 759 (1989)

David Lee POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 11, 1989.

Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Ronald Earle, Dist. Atty., Philip A. Nelson, Jr., Asst. Dist. Atty., and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

WHITE, Judge.

Appellant was convicted of capital murder. V.T.C.A., Penal Code Sec. 19.03(a)(1). Punishment was assessed at death. Art. 37.071(b), V.A.C.C.P. On direct appeal to this Court his conviction was affirmed. Powell v. State, 742 S.W.2d 353 (Tex.Cr. App.1987). Appellant then filed a petition for writ of certiorari which was summarily granted by the United...

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