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EX PARTE KIMES

No. 71564.

872 S.W.2d 700 (1993)

Ex Parte Scott KIMES.

Court of Criminal Appeals of Texas, En Banc.

November 24, 1993.

Attorney(s) appearing for the Case

Douglas Tinker, Corpus Christi, for appellant.

Grant Jones, Dist. Atty., Corpus Christi, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION

CAMPBELL, Judge.

A jury convicted applicant Scott Kimes of murder for remuneration or the promise thereof, a capital offense under Texas Penal Code § 19.03(a)(3). The jury was unable to answer the second special issue; therefore, the trial court assessed punishment at life imprisonment. See Tex.Code Crim.Proc. art. 37.071(e) (1987). The Thirteenth Court of Appeals affirmed applicant's conviction. Kimes v. State,

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