COOK v. STATE

No. 71855.

940 S.W.2d 623 (1996)

Kerry Max COOK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 19, 1997.


Attorney(s) appearing for the Case

Paul Nuegent, Winston E. Cochran, Jr., Houston, for appellant.

Edward J. Marty, Asst. District Attorney, Tyler, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.


OPINION

MANSFIELD, Judge.

Appellant was initially indicted for this offense, a capital murder alleged to have been committed in Smith County in 1977, in 1978. He was convicted and was sentenced to death. We affirmed his conviction and death sentence in 1987. Cook v. State, 741 S.W.2d 928 (Tex.Crim.App.1987). Following the Supreme Court's vacating and remanding of our judgment,1

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