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GILMORE v. STATE

No. 01-89-00523-CR.

792 S.W.2d 553 (1990)

Charles GILMORE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

June 14, 1990.

Attorney(s) appearing for the Case

Ben Levy, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Timothy G. Taft, Lyn McClellan, Asst. Dist. Attys., for appellee.

Before DUGGAN and HUGHES, JJ., and SMITH, J. (Retired).

OPINION

DUGGAN, Justice.

A jury found the appellant, Charles Gilmore, guilty of murder, found two enhancement allegations true, and assessed punishment at life imprisonment. In a single point of error, Gilmore complains that the trial court abused its discretion in allowing the State to reopen the evidence after both sides had rested, but before jury argument, during the punishment phase of the trial.

During the punishment phase, the State introduced...

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