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BENAVIDES v. STATE

No. 01-94-00987-CR

992 S.W.2d 511 (1999)

Edward John BENAVIDES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Dissenting Opinion On Rehearing May 13, 1999.

Attorney(s) appearing for the Case

D. Jennings Bryant, Jr., La Porte, Henry L. Burkholder, III, Houston, for appellant.

John B. Holmes, Kevin P. Yeary, Houston, for appellee.

Before Justices COHEN, O'CONNOR, and ANDELL.

Dissenting Opinion On Rehearing by Justice O'Connor May 13, 1999.

OPINION

MURRY B. COHEN, Justice.

Appellant was indicted for capital murder. A jury convicted him of murder and assessed punishment at life imprisonment. Appellant contends the evidence was insufficient; the judge should have instructed the jury on the lesser included offense of voluntary manslaughter; and the judge erred by admitting extraneous offense type evidence. We affirm.

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