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MORALES v. STATE

No. 01-89-00877-CR.

792 S.W.2d 789 (1990)

Andrew Joseph MORALES, III, Appellant, v. The STATE of Texas, Appellee.

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

June 7, 1990.

Attorney(s) appearing for the Case

John Batchan, Jr., Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Lester Blizzard and Carol Davies, Asst. Dist. Attys., Houston, for appellee.

Before SAM BASS, O'CONNOR and DUNN, JJ.

OPINION

DUNN, Justice.

This is an appeal from the trial's court affirmative finding of the use of a deadly weapon during the commission of the offense of murder. Appellant complains that the trial court erred in (1) making an affirmative finding of the use of a deadly weapon, and (2) holding that appellant smothered the complainant with a pair of underpants and his hands.

The complainant, Ms. Dionicia Aguilar, was found dead in the bedroom of her...

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