OPINION
PER CURIAM.
After trial by jury, David Venable was convicted of the murder of Mark Jimijo Neese, Tex. Pen.Code Ann. § 19.02 (Vernon 2003), and was sentenced by the judge to a term of forty (40) years in the Texas Department of Criminal Justice, Institutional Division. On appeal, Appellant does not challenge the sufficiency of the evidence supporting his conviction. He raises a single issue, to wit:
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