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BOGGESS v. STATE

No. 69990.

855 S.W.2d 645 (1991)

Clifford Holt BOGGESS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 29, 1991.

Attorney(s) appearing for the Case

Robert G. Estrada, Wichita Falls, for appellant.

Jack A. McGaughey, Dist. Atty., Montague, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON REMAND FROM UNITED STATES SUPREME COURT

OVERSTREET, Judge.

After trial by jury, appellant was convicted of capital murder and sentenced to death on October 21, 1987. That conviction and sentence was affirmed by this Court on February 1, 1989. Appellant's motion for rehearing was denied on March 8, 1989. A petition for writ of certiorari was filed in the United States Supreme Court on May 15, 1989 and on July 3, 1989 relief was granted with the judgment...

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