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GUTIERREZ v. STATE

No. 1477-97.

979 S.W.2d 659 (1998)

Marcos GUTIERREZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 18, 1998.

Attorney(s) appearing for the Case

Fernando Cortes, San Antonio, for appellant.

Frank Follis, Asst. DA, Seguin, Jeffrey L. Van Horn, Asst. State's Attorney, Matthew Paul, Austin, for the State.

Before the court en banc.

OPINION

McCORMICK, P.J., delivered the opinion of the Court, in which MANSFIELD, KELLER, PRICE, HOLLAND and WOMACK, JJ., joined.

Appellant was convicted of first degree murder. The jury sentenced him to life imprisonment. The San Antonio Court of Appeals reversed the conviction and remanded the cause for a new trial. The Court of Appeals held that the trial court should have granted appellant's motion for change of venue as a matter of law because...

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