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HOLIDAY v. STATE

No. 01-98-00807-CR.

14 S.W.3d 784 (2000)

Prentice Almeric HOLIDAY, Appellant, v. The STATE of Texas, Appellee.

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

February 17, 2000.

Attorney(s) appearing for the Case

Patrick F. McCann, Houston, for Appellant.

Rikke Burke Graber, Asst. Dist. Atty., John B. Holmes, Houston, for State.

Panel consists of Justices COHEN, TAFT, and SMITH.

OPINION

JACKSON B. SMITH, Jr., Justice (Retired).

A jury convicted appellant of capital murder. The State did not seek the death penalty, and the trial court automatically assessed punishment at life in prison. We affirm.

Facts

Appellant was a member of the Five Deuce Hoover Crip gang. He, two fellow gang members, Lamont Profitte and Cary Howard, and another man, James Godbolt, decided to go to MacGregor Park and commit a carjacking. Profitte...

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