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EX PARTE FRAZIER

No. 49,164-01.

67 S.W.3d 189 (2001)

Ex Parte Derrick FRAZIER, Applicant.

Court of Criminal Appeals of Texas.

June 27, 2001.

Attorney(s) appearing for the Case

Julie B. Pollock, San Antonio, for Appellant.

Michael A. Sheppard, DA, Cuero, Matthew Paul, State's Atty., Austin, for State.

HOLLAND, J., delivers a dissent to the order denying relief joined by PRICE, J., JOHNSON, J., and HOLCOMB, J.

In his application for writ of habeas corpus, applicant alleges that "the trial court fundamentally erred in combining the divergent elements of two separate offenses in a single submission of the jury charge because such submission permitted the jury to find [applicant] guilty without unanimously believing him guilty...

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