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SANCHEZ v. STATE

No. 13-96-459-CR.

990 S.W.2d 304 (1999)

Jose David SANCHEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled June 3, 1999.

Attorney(s) appearing for the Case

L. Gayle Nelson, Corpus Christi, for appellant.

Carlos Valdez, Dist, Atty., Anne L. Mulligan, Asst. Dist. Atty., Corpus Christi, for the State.

Before Justices DORSEY, CHAVEZ, and RODRIGUEZ.

OPINION

Justice RODRIGUEZ.

Appellant, Jose David Sanchez, was convicted of murder.1 On motion for new trial, his original conviction was set aside and a new trial ordered. Following retrial, appellant was again convicted. In six points of error, appellant challenges his conviction. We reverse the second judgment and reinstate the original.

During the first trial, after the jury was empaneled but before testimony was heard...

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