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TURNER v. STATE

No. 2-92-279-CR.

866 S.W.2d 117 (1993)

Michael Cornell TURNER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

December 8, 1993.

Attorney(s) appearing for the Case

Mary B. Thornton, Fort Worth, for appellant.

Tim Curry, Dist. Atty., Betty Marshall and Charles M. Mallin, Asst. Chiefs, Steven W. Conder, Barbara Medley, and Stephen Marshall, Assts., Fort Worth, for State.

Before FARRIS, WEAVER and DAY, JJ.

OPINION

FARRIS, Justice.

Michael Cornell Turner appeals his conviction for attempted murder contending the trial court abused its discretion in vacating its first sentencing hearing and resentencing him with an affirmative finding of a deadly weapon. We hold the trial court acted within its discretion in conducting a new sentencing hearing and affirm the judgment.

A jury determined Turner's guilt and the trial judge assessed his punishment. Following...

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