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CHAFIN v. STATE

No. 03-01-00493-CR.

95 S.W.3d 549 (2002)

Dennis Drew CHAFIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 21, 2003.

Attorney(s) appearing for the Case

Mark Stevens, Law Office of Mark Stevens, San Antonio, for appellant.

Michael S. Wenk, Criminal Dist. Atty., San Marcos, for appellee.

Before Justices B.A. SMITH, YEAKEL and ONION.

JOHN F. ONION, JR., Justice (Retired).

May a trial court accept a jury's verdict at the guilt-innocence stage of a trial and then sua sponte reform the verdict at the penalty stage and instruct the jury to punish for a different offense? The answer is no. Does it matter that the original verdict was based on alleged conduct that was not a crime? The answer is still no.

Appellant Dennis Drew Chafin appeals his five convictions for the second degree felony...

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