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MIZELL v. STATE

No. 04-00-00543-CR.

70 S.W.3d 156 (2001)

Charles W. MIZELL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 14, 2001.

Attorney(s) appearing for the Case

Anne More Burnham, Law Offices of Anne Burnham, San Antonio, for Appellant.

Kevin P. Yeary, Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice and SARAH B. DUNCAN, Justice.

OPINION

SARAH B. DUNCAN, Justice.

Charles Mizell appeals his conviction and punishment for violating an inmate's civil rights and official oppression. We affirm the trial court's judgment of conviction and remand to the trial court for a new sentencing hearing on the official oppression charge.

Factual and Procedural Backgound

While investigating an allegation that inmate Joseph Cuellar had made threatening gestures toward a jail trustee...

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