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REYES v. STATE

No. 1297-98.

994 S.W.2d 151 (1999)

Benjamin REYES, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 2, 1999.

Attorney(s) appearing for the Case

Kirk J. Oncken, Brian W. Wice, Wendell A. Odom, Jr., Houston, for appellant.

Kelly Ann Smith, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

WOMACK, J., delivered the opinion for a unanimous Court. MEYERS, J., has a note.

The issue is whether a defendant's confession of guilt at the punishment stage of a criminal trial cures an error that was committed at the guilt stage of the trial but which affected the punishment stage of the trial. We hold that it does not, loose language in one of our prior opinions notwithstanding.

A jury of 11 members found the appellant guilty of aggravated...

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