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SZMALEC v. STATE

No. 14-93-00194-CR.

927 S.W.2d 213 (1996)

Herman Michael SZMALEC, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 11, 1996.

Attorney(s) appearing for the Case

R.H. Beilstein, Richmond, Tom Moran, Houston, for appellants.

Rikki Burke Graber, Houston, for appellee.

Before LEE, AMIDEI and EDELMAN, JJ.

OPINION ON REMAND

LEE, Justice.

Appellant entered a plea of not guilty before a jury to the offense of murder. TEX. PENAL CODE ANN. 19.02 (Vernon 1994). He was convicted and the jury assessed punishment at imprisonment for 10 years, probated, and a $10,000 fine. On original submission, we affirmed the judgment of the trial court. See Szmalec v. State, No. 14-93-00194-CR, 1995 WL 529626 (Tex.App.—Houston [14th Dist.] September 7, 1995) (not...

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