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JENKINS v. STATE

No. 71,040.

912 S.W.2d 793 (1993)

Leo Ernest JENKINS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Opinion on Grant of Reconsideration October 11, 1995.

Attorney(s) appearing for the Case

Floyd W. Freed, III and Kurt B. Wentz, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Kimberly Aperauch Stelter, Mark Vinson & Andy Tobias, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION

MALONEY, Judge.

Appellant was convicted of capital murder pursuant to Texas Penal Code Section 19.03(a)(2). The jury made affirmative findings on the two special issues submitted to it and the trial court imposed the sentence of death. This case comes to us on direct appeal. TEX.CODE CRIM.PROC.ANN. art. 37.071 § 2(h). We will reverse based upon our disposition of appellant's points of error seventeen, eighteen and nineteen,

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