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MANZI v. STATE

No. 2116-01.

88 S.W.3d 240 (2002)

Jonathan MANZI, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 23, 2002.

Attorney(s) appearing for the Case

Clay S. Conrad, Houston, for Appellant.

Dan McCrory, Asst. DA, Houston, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

OPINION

KELLER, P.J., delivered the opinion of the Court in which WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

The question presented is whether a deferential or a de novo review applies to a trial court's determination of historical facts when that determination is based solely upon affidavits. We hold that a deferential review applies in that situation.

A. Background

Appellant was charged with possession...

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