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PRATER v. STATE

No. 2-94-048-CR.

903 S.W.2d 57 (1995)

David Julius PRATER, Appellant v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 10, 1995.

Attorney(s) appearing for the Case

David B. Lobingier, Fort Worth, for appellant.

Tim Curry, Dist. Atty., Betty Marshall, Charles M. Mallin, Edward L. Wilkinson, John Harding, and Sylvia Mandel, Asst. Dist. Attys., Fort Worth, for appellee.

Before LIVINGSTON, DAUPHINOT and BRINGHAM, JJ.

OPINION

DAUPHINOT, Justice.

Appellant was arrested and indicted for capital murder. The State waived the death penalty, and the case was tried to a jury which convicted Appellant of capital murder. Appellant had filed a timely election asking that the jury assess his punishment. Since the only possible punishment was life imprisonment, the court sentenced Appellant without a punishment hearing.

Appellant complains in a single point of error that...

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