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SOTELO v. STATE

No. 2-93-083-CR.

931 S.W.2d 745 (1996)

Joe Angelo SOTELO, Jr., Appellant, v. The STATE of Texas.

Court of Appeals of Texas, Fort Worth.

October 10, 1996.

Attorney(s) appearing for the Case

Ward Casey, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, Betty Marshall, Charles M. Mallin, Danielle A. LeGault, Assistant Criminal District Attorneys, Fort Worth, for appellee.

Before CAYCE, C.J., DAY and LIVINGSTON, JJ.

OPINION ON REMAND

LIVINGSTON, Justice.

The primary issue in this case, which has been remanded to us from the Court of Criminal Appeals, is whether the affirmance of a criminal defendant's conviction by a court of appeals precludes that court from addressing the merits of the State's cross-appeal brought under article 44.01(c) of the Texas Code of Criminal Procedure. We hold that it does. Accordingly, we affirm the conviction and will not rule on the merits...

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