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RODRIGUEZ v. STATE

No. 08-89-00087-CR.

787 S.W.2d 504 (1990)

Leobardo RODRIGUEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

March 14, 1990.

Attorney(s) appearing for the Case

Susan Larsen, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. of El Paso County, El Paso, for appellee.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

This is an appeal from a conviction for murder. The jury assessed punishment, enhanced by one prior conviction for murder, at imprisonment for ninety-nine years. We reverse and remand.

Shortly after 4:00 a.m., December 2, 1985, two El Paso police officers on routine patrol in central El Paso discovered the body of twenty-nine year old David Ciliberto in his mother's gray Buick Skylark. Ciliberto, a New York resident, had...

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