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STATE v. LEE

No. 168-98.

15 S.W.3d 921 (2000)

The STATE of Texas v. David Allen LEE, Appellee.

Court of Criminal Appeals of Texas.

April 12, 2000.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, amicus curiae.

J. Craig Jett, Dallas, for appellant.

Jeffrey L. Van Horn, First Asst. State Atty., Austin, Tom O'Connell, Dist. Atty., Carrie Chavez, Asst. Dist. Atty., McKinney, Matthew Paul, State's Atty., Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court, joined by MANSFIELD, PRICE, WOMACK and JOHNSON.

Appellee was charged with the offense of indecency with a child. He pled not guilty and a jury was empaneled and sworn. During her opening statement to the jury, the prosecutor made the following assertions:

The evidence will be that early on in the investigation, Detective Raleeh, before any charges were filed, while the case was still...

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