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  5. 792 S.W.2d 114 (1990)
 

COMER v. STATE

Nos. 12-87-00032-CR, 12-87-00033-CR.

792 S.W.2d 114 (1990)

Bryan O'Neil COMER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied May 10, 1990.

Attorney(s) appearing for the Case

James R. Moore, Beverly Bass, Longview, for appellant.

Gregory Neeley, Akin, Steele & Bush, Longview, for appellee.

OPINION ON REMAND

RAMEY, Chief Justice.

Appellant, Bryan O'Neil Comer, was charged with capital murder in two separate indictments. Tex.Penal Code Ann. § 19.03(a)(2) (Vernon 1989). The offenses were subsequently consolidated and conviction by a jury was had in both causes. Tex.Penal Code Ann. § 3.02(a) (Vernon 1974). Due to the fact that he was under the age of seventeen at the time of the offense, punishment in both causes was assessed by the...

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