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EX PARTE BROXTON

No. 1394-93.

888 S.W.2d 23 (1994)

Ex parte Eugene Alvin BROXTON.

Court of Criminal Appeals of Texas, En Banc.

November 16, 1994.

Attorney(s) appearing for the Case

Tom Moran, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Rikke Burke Graber, George Lambright & Bill Hawkins, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant brings this petition for discretionary review from the appeal of the denial of his pretrial writ of habeas corpus. The question presented on appeal was whether the use of an unadjudicated extraneous offense as evidence in the punishment phase of a capital murder trial, where the death penalty was assessed, barred the subsequent prosecution of that offense under the...

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