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SPEERING v. STATE

No. 135-89.

797 S.W.2d 36 (1990)

Kenneth Wayne SPEERING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 10, 1990.

Attorney(s) appearing for the Case

George McCall Secrest, Jr. (on appeal only), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Kathlyn Giannaula, Timothy G. Taft and Terry Wilson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the stabbing and strangulation murder of his wife. Punishment was assessed at twenty years in the Texas Department of Corrections1 and a fine of $10,000.00. On direct appeal the conviction was affirmed, but the Court of Appeals deleted the affirmative finding contained in the judgment. Speering v. State,

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