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DAVIS v. STATE

No. 71513.

961 S.W.2d 156 (1998)

Brian Edward DAVIS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

January 7, 1998.

Attorney(s) appearing for the Case

David Cunningham, Houston, for appellant.

Calvin Hartman, Linda West, Asst. Dist. Attys., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

KELLER, Judge, delivered the opinion of the Court, in which McCORMICK, Presiding Judge, and MANSFIELD, PRICE, HOLLAND and WOMACK, Judges, joined.

Appellant was convicted of capital murder and sentenced to death. See TEX. PENAL CODE ANN. § 19.03(a)(2) (Vernon 1994); TEX. CRIM. PROC.CODE ANN. art. 37.071, § 2 (Vernon Supp.1997). Appeal to this Court is automatic. TEX.CRIM. PROC.CODE ANN. art. 37.071, § 2(h) (Vernon Supp...

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