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KEETER v. STATE

No. 10-00-169-CR.

105 S.W.3d 137 (2003)

Jackie Russell KEETER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 3, 2003.

Attorney(s) appearing for the Case

Sandy S. Gately, Gatesville, for Appellant/Relator.

B.J. Shepherd, Hamilton County District Attorney, Martin L. Peterson, Hamilton County Asst. District Attorney, Meridian, for Appellee/Respondent.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION ON PETITION FOR DISCRETIONARY REVIEW

BILL VANCE, Justice.

On January 8, 2003, we issued an opinion reversing Keeter's conviction and remanding the cause for further proceedings, because the State did not disclose material exculpatory evidence at Keeter's trial. Now, to further address the State's argument, and the dissent's, that this issue was not preserved for appellate review, we withdraw our earlier opinion and issue this one.

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