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NAVARIJO v. STATE

No. 04-99-00833-CR.

75 S.W.3d 531 (2002)

Frank NAVARIJO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 20, 2002.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for Appellant.

Daniel Thornberry, Assistant Criminal District Attorney, San Antonio, for Appellee.

Sitting: TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, SARAH B. DUNCAN, Justice.

SARAH B. DUNCAN, Justice.

Rehearing Denied.

Dissenting opinion by ALMA L. LÓPEZ, Justice.

ALMA L. LÓPEZ, Justice, dissenting on Denial of Rehearing.

I would grant rehearing on the sixth point of error raised in Navarijo's brief regarding the trial court's response to the jury's note and reverse the trial court's judgment as to punishment.

When the trial court responds substantively to a jury question during deliberations,...

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