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THOMAS v. STATE

No. 755-01.

67 S.W.3d 203 (2001)

Deshun D. THOMAS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 31, 2001.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, for appellant.

Kelly Ann Smith, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for the State.

KELLER, P.J., delivered a dissenting opinion in which COCHRAN, J., joined.

Petition for discretionary review refused.

DISSENTING OPINION TO REFUSAL TO GRANT STATE'S PETITION FOR DISCRETIONARY REVIEW

KELLER, Presiding Judge dissenting.

I would grant the State's second ground for review: "Is the trial court required to give a jury instruction applying the law with respect to Article 38.23 to the specific evidentiary facts of the case?" Although this Court has in the past stated that a defendant was entitled to a requested...

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