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PENRY v. STATE

No. 71130.

903 S.W.2d 715 (1995)

Johnny Paul PENRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Overruled June 7, 1995.

Attorney(s) appearing for the Case

John E. Wright, Huntsville, TX, Robert S. Smith, Glenda G. Grace, New York City, for appellant.

Jim W. James, Sp. Prosecutor, Bryan, TX, Joe Price, Dist. Atty., Coldspring, TX, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION

PER CURIAM.*

In July 1990, a Walker County1 jury found appellant, Johnny Paul Penry, guilty of the capital offense of murder in the course of committing aggravated sexual assault.2 See Tex.Penal Code § 19.03(a)(2). The jury answered the special punishment issues affirmatively, and the trial court assessed punishment at death. See Tex.Code Crim...

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