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HERNANDEZ v. STATE

No. 70979.

819 S.W.2d 806 (1991)

Rogelio Rangel HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled September 18, 1991.

Attorney(s) appearing for the Case

Teresa A. Hunter, Laredo, for appellant.

Joe Rubio, Jr., Dist. Atty., Jose Angel Moreno, Asst. Dist. Atty., Laredo, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

BENAVIDES, Judge.

The appellant, Rogelio Rangel Hernandez, was convicted of Capital Murder for causing the death of Jose Gerardo "Curly" Herrera, who was then employed as a detention officer at the Webb County Jail, while appellant was incarcerated on an unrelated charge. His punishment was assessed at death. See V.T.C.A. Penal Code Sees. 19.03(a)(5) and 1.07(a)(26).1 Appeal to this court is automatic. See Art 37.071...

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