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HALBERT v. STATE

No. 01-93-00379-CR.

881 S.W.2d 121 (1994)

Rhonda Rena HALBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused October 26, 1994.

Attorney(s) appearing for the Case

Sandy C. Robinson, III, Houston, for appellant.

John B. Holmes, Jr., Rikke Burke Graber, Harris County, for appellee.

Before OLIVER-PARROTT, C.J., and HUTSON-DUNN and MIRABAL, JJ.

OPINION

OLIVER-PARROTT, Chief Justice.

This is an appeal from a conviction of voluntary manslaughter. Appellant was charged with murder, the jury found appellant guilty of the lesser included offense of voluntary manslaughter and assessed punishment at five-years confinement. We reverse.

On March 1, 1989, appellant was at her grandmother's house with her live-in boyfriend, Floyd Herbert Clark, Jr. (Clark) and two of her children. Appellant left the...

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