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SMITH v. STATE

No. 409-89.

830 S.W.2d 926 (1991)

Donald Aaron SMITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

December 11, 1991.

Attorney(s) appearing for the Case

William A. Bratton, III, Richard Alan Anderson, Dallas, for appellant.

John Vance, Dist. Atty. & Anne B. Wetherholt, David Jarvis & Dan Hagood, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

The issue in this cause is made by "Rose error." See Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1988). Conducting the sort of harm analysis done on rehearing in Rose, at 554 the court of appeals concluded the error did not contribute to punishment. Smith v. State, 764 S.W.2d 31 (Tex.App &...

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