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SMITH v. STATE

No. 07-97-0070-CR.

96 S.W.3d 377 (2002)

Sean Allen SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Discretionary Review Refused November 6, 2002.

Attorney(s) appearing for the Case

William E. Kelly, III, Canyon, for appellant.

James Farren, Crim. Dist. Atty., Kristy Wright, Asst. Crim. Dist. Atty., Canyon, for appellee.

Before BOYD, C.J., and QUINN and REAVIS, JJ.

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

DON H. REAVIS, Justice.

In our previous opinion, we affirmed the murder conviction of appellant Sean Allen Smith. Smith v. State, 979 S.W.2d 379 (Tex.App.-Amarillo 1998). Appellant presented the following issues on direct appeal: (1) the trial court erred in refusing to enforce a non-prosecution agreement entered into between himself and the prosecutor; (2) the...

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