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BROXTON v. STATE

No. 71488.

909 S.W.2d 912 (1995)

Eugene BROXTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 15, 1995.

Attorney(s) appearing for the Case

Ken J. McLean, Roy G. Romo, Houston, for appellant.

Rikke Burke Graber, Assistant District Attorney, Houston, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

KELLER, Judge.

Appellant was convicted of capital murder. Tex.Penal Code Ann. § 19.03(a)(2). After the jury affirmatively answered the first and second Special Issues and negatively answered the third Special Issue, the trial court assessed the death penalty.1 Direct appeal to this Court is prescribed by article 37.071(h) of the Texas Code of Criminal Procedure. Appellant...

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