OPINION
O'CONNOR, Justice.
James Jerald Zarychta, the appellant, together with William Knoble, the appellant's brother, were charged with the capital murder of Jewel P. Madole during the burglary of Madole's home. The appellant was found guilty of capital murder by a jury. During the punishment phase, a jury found the appellant would probably commit violent criminal acts which would be a continuing threat to society, but the jury did not find the appellant...
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