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MARTINEZ v. STATE

No. 611-91.

826 S.W.2d 620 (1992)

Apolonio Joseph MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 25, 1992.

Attorney(s) appearing for the Case

Michael B. Charlton (on appeal only), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Alan Curry, Dan Rizzo and Luci Davidson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Applicant was originally charged with capital murder but subsequently indicted for murder. Applicant filed an application for a writ of habeas corpus in the trial court seeking release from jail. Tex.Code Crim.Proc.Ann. art. 17.151. The trial judge ordered applicant released on a $10,000.00 personal bond. However, before applicant was released, the State charged applicant with aggravated...

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