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RIVERA v. STATE

No. 04-98-01044-CR.

12 S.W.3d 572 (2000)

Timotheo RIVERA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

January 5, 2000.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for Appellant.

Scott Roberts, Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: PHIL HARDBERGER, Chief Justice.

In this San Antonio backyard drama, a barbecue ended in murder. Gilbert Vasquez went to the home of his friend, Abel Rivera, to watch the Tyson-Holyfield fight. By night's end, Vasquez was in the morgue. This unexpected conclusion to the evening was effectuated by two of Rivera's brothers, Timotheo and Gilbert, who alternatively stabbed and shot Vasquez until he died. Timotheo did the stabbing: six times...

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