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ROSALES v. STATE

No. 69576.

841 S.W.2d 368 (1992)

Mariano Juarez ROSALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 24, 1992.

Attorney(s) appearing for the Case

Michael B. Charlton (on appeal only), Houston, M. Benton Eskew, Austin, David Cunningham, John J. Herrera, Houston, (Jose H. Rojo, Walter Boyd, Houston, of counsel), for appellant.

John B. Holmes, Jr., Dist. Atty., Kathlyn Giannaula, Keno Henderson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

Appellant was convicted of murder in the course of burglary, a capital offense under V.T.C.A. Penal Code, § 19.03(a)(2). In response to affirmative answers to special issues, the trial court assessed appellant's punishment at death. Article 37.071, §§ (b) and (e), V.A.C.C.P. Review of appellant's conviction by this Court is automatic. Id., § (h).

This cause has been before us once before on direct...

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