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POWELL v. STATE

No. 71399.

897 S.W.2d 307 (1994)

David Lee POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 7, 1994.

Attorney(s) appearing for the Case

Gerald H. Goldstein, Cynthia Hujar Orr, San Antonio, for appellant.

Ronald Earle, Dist. Atty. & Philip A. Nelson, Jr., Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MEYERS, Judge.

Upon retrial1 in November 1991, appellant was convicted under Texas Penal Code § 19.03(a)(1) for the capital murder, committed on May 18, 1978, of a law enforcement officer. The jury affirmatively answered the two special issues submitted under Article 37.071(b).2 Appellant was sentenced to death as mandated by Article 37.071(e). Article 37.071(h) provides direct appeal...

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