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HORTON v. STATE

No. 10-97-341-CR

986 S.W.2d 297 (1999)

Kelvin J. HORTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

January 13, 1999.

Attorney(s) appearing for the Case

J. Alan Behr, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Asst. Dist. Atty., Chief of the Appellate Division, Anne E. Swenson, Asst. Crim. Dist. Atty., Alan Levy, Asst. Crim. Dist. Atty., Chief of the Criminal Division, Anne L. Box, Asst. Crim. Dist. Atty., Fort Worth, for appellee.

Before Chief Justice DAVIS, Justice CUMMINGS and Justice VANCE.

OPINION

REX D. DAVIS Chief Justice.

A jury convicted Appellant Kelvin J. Horton of capital murder. See TEX. PEN.CODE ANN. § 19.03(a)(2) (Vernon 1994). Because the State waived the death penalty, the court sentenced Horton to life imprisonment. Horton presents four points of error in which he claims the court erred by submitting a parties instruction in the charge on guiltinnocence; the court erred...

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