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GARRETT v. STATE

No. 746-95.

946 S.W.2d 338 (1997)

Anthony Lee GARRETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 28, 1997.

Attorney(s) appearing for the Case

Gary A. Udashen, Dallas, for appellant.

Lori L. Ordiway, Asst. Dist. Atty., Dallas, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

Appellant's petition for discretionary review dismissed.

OVERSTREET, Judge, dissenting on appellant's petition for discretionary review.

Appellant was indicted for the offense of capital murder pursuant to V.T.C.A. Penal Code, § 19.03(a)(2), alleged to have been committed on or about April 26, 1992. In a trial by jury in the 204th District Court of Dallas County, appellant was convicted of the lesser included offense of murder. He was sentenced to 99...

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