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REY v. STATE

No. 71,459.

897 S.W.2d 333 (1995)

Johnny Lee REY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 3, 1995.

Attorney(s) appearing for the Case

C.R. Daffern, Amarillo, for appellant.

Jim Vollers, Sp. Prosecutor, Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MALONEY, Judge.

Appellant was convicted of capital murder committed in the course of burglary. Tex.Penal Code Ann. § 19.03(a)(2). The jury affirmatively answered the two special issues submitted to it and appellant was sentenced to death. Tex.Code Crim.Proc.Ann. art. 37.071 § 2(b), (e). Appeal to this Court is automatic. Tex.Code Crim.Proc.Ann. art. 37.071(h).

In his first point of error appellant claims the trial court erred...

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