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FITTS v. STATE

Nos. 01-96-00331-CR, 01-96-00332-CR.

982 S.W.2d 175 (1998)

Charles Edward FITTS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

As Corrected October 5, 1998.

Discretionary Review Refused February 24, 1999.

Attorney(s) appearing for the Case

Dick DeGuerin, Houston, Bennie Ray, Austin, for Appellant.

Travis J. Koehn, Daniel W. Leedy, Cynthia M. Ruiz, Bellville, for Appellee.

Before MIRABAL, WILSON and TAFT, JJ.

OPINION

TAFT, Justice.

A jury convicted appellant of (1) capital murder by arson, (2) capital murder for remuneration, and (3) arson.1 The trial court assessed punishment at three life sentences to be served concurrently. We address two issues of first impression in Texas: (1) the proper remedy for error in twice convicting and sentencing appellant for capital murder of the same decedent; and (2) the admissibility of "alerts...

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