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LOPEZ v. STATE

No. 3-88-258-CR.

793 S.W.2d 738 (1990)

David LOPEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 1, 1990.

Discretionary Review Granted October 3, 1990.

Attorney(s) appearing for the Case

Terrence W. Kirk, Austin, for appellant.

Ronald Earle, Dist. Atty., Terrence Keel, Gail Van Winkle, Asst. Dist. Attys., for appellee.

Before POWERS, JONES and ONION, JJ.

ONION, Justice (Retired).

This is an appeal from a conviction for murder. Tex.Pen.Code Ann. § 19.02(a)(1) (1989). After the jury's verdict finding the appellant guilty, the trial court assessed punishment at life imprisonment in the Texas Department of Corrections.1

Appellant advances five points of error. We are confronted at the outset with perhaps the most serious question in the case —appellant's initial contention...

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