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GARZA v. STATE

No. 13-92-677-CR.

878 S.W.2d 213 (1994)

Juan GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled May 19, 1994.

Discretionary Review Refused August 17, 1994.

Attorney(s) appearing for the Case

Hector Villarreal, Edinburg, for appellant.

Rene Guerra, Dist. Atty., Theodore C. Hake, Cynthia A. Morales, Asst. Dist. Attys., Edinburg, for appellee.

Before SEERDEN, GILBERTO HINOJOSA and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

FEDERICO G. HINOJOSA, Jr., Justice.

A jury found appellant guilty of murder and assessed punishment at life imprisonment. By two points of error, appellant complains that the trial court erred by failing to grant his motion for instructed verdict and by denying his motion for mistrial after the prosecutor commented on his failure to make a voluntary statement. We affirm.

On September 14, 1990, Fidela "Machie" Medina celebrated her birthday...

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