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CHASE v. STATE

No. 11-95-125-CR.

968 S.W.2d 943 (1998)

Kurt Thomas CHASE, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

May 14, 1998.

Attorney(s) appearing for the Case

Julius E. Whittier, Dallas, Bruce Anton, Dallas, for appellant.

John C. Vance, Criminal Dist. Atty., Dallas, for appellee.

Before DICKENSON and WRIGHT, JJ., and AUSTIN McCLOUD, Senior Justice.

Opinion

DICKENSON, Justice.

The jury convicted Kurt Thomas Chase of "recklessly causing serious bodily injury to a child." The child was killed, and appellant was tried for "capital murder" of the child. The jury then assessed punishment at 10 years confinement, the maximum punishment which was authorized at the time of the offense, and denied his request for probation. We reverse and remand.

Background Facts

Appellant was living...

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