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GONZALES v. STATE

No. 1641-92.

864 S.W.2d 522 (1993)

Alex GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 3, 1993.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Timothy G. Taft, Chuck Rosenthal and Donald A. Smith, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was charged with murder pursuant to Tex.Penal Code Ann. § 19.02(a)(1) and (2). But the jury convicted him of the lesser offense of voluntary manslaughter, Tex.Penal Code Ann. § 19.04, and assessed punishment at seven years confinement. The Court of Appeals reversed. Gonzales v. State, 838 S.W.2d 848 (Tex.App.—Houston...

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